No land or premises may be used and no building
or structure may be erected, raised, moved, extended, enlarged, altered
or used for any purpose other than a purpose permitted herein, and
all construction shall be in conformity with the regulations provided
for the district in which such building or premises is located.
A.
Permits for one- and two-dwelling units.
(1)
No building to be used for detached one- and
two-dwelling units and no accessory structures, including fences and
walls, shall be erected, raised, moved, extended, enlarged, altered
or demolished until a permit has been granted by the Construction
Official. Application therefor shall be filed in triplicate with the
Construction Official by the owner or his agent, and it shall state
the intended use of the structure and of the land. The application
shall be accompanied by detailed plans and specifications and a plot
plan showing open spaces, building lines within the block, the proposed
building, setback limits, garage floor and first floor elevations,
proposed lot and curb elevations, existing and proposed finished contour
lines, limits of tree removal and such other information as may be
required to show that the proposed building or other structure complies
with all the requirements of this chapter. Plans shall be drawn to
scale and shall show actual dimensions in figures. All lots shall
be graded so that surface waters will be carried away from buildings
and so as not to permit the collection of surface waters on the lot.
Contour lines shall be drawn at two-foot intervals.
(2)
All plans, specifications and plot plans shall
be signed by a duly licensed architect or a licensed professional
engineer of the State of New Jersey, or the owner may sign the building
plans in the event that he personally has prepared them. In such case,
the owner shall file an affidavit to that effect in accordance with
the law. Notwithstanding any other provisions of this section, a licensed
land surveyor of the State of New Jersey may prepare and certify the
required plot plan only.
(3)
One copy of the application shall be transmitted
forthwith by the Construction Official to the Township Engineer, who
shall examine it with respect to engineering detail and report his
findings and objections, if any, to the Construction Official.
B.
Permits for other than one- and two-dwelling units.
[Amended 7-9-1987 by Ord. No. 22-87]
(1)
No building or structure to be used for any use other than a detached one- and two-dwelling unit shall be erected, raised, moved, extended, enlarged or demolished until a permit has been granted by the Construction Official after site plan approval, as required by Part 4 of this chapter, has been granted by the Planning Board.
(2)
No building permit shall be issued for the erection,
construction, reconstruction, structural alteration or moving of any
building or structure or part thereof unless the plans and intended
use indicate that such building or structure is designed to conform
in all respects to the provisions of this Part 5.
(3)
When required by the Planning Board or Board of Adjustment, or by any other officer or agency having the responsibility to review and approve development activity, the applicant for any nonresidential use shall submit, in duplicate, all plans of the proposed construction and development, including a description of the proposed machinery, operation and products, to the extent known at that time, as well as an affidavit by the applicant acknowledging his understanding of the applicable performance standards and agreement to conform to same at all times. If there is any reasonable doubt as to the likelihood of the intended use conforming to the performance standards, the Board shall refer the application for investigation and report to one or more expert consultants selected by the Board as qualified to advise on conformance with the required performance standards. A copy of the consultant's report shall be promptly furnished to the applicant. Any permit authorized and issued shall be conditioned, among other things, upon the applicant's completed buildings and installations, in operation, conforming to the applicable performance standards. The cost of said expert consultant's service shall be charged against the escrow deposit accounts as set forth in Article VII of this chapter.
[Amended 12-22-1993 by Ord. No. 36-93; 6-8-1995 by Ord. No.
16-95; 12-13-2012 by Ord. No. 23-12; 12-14-2017 by Ord. No. 26-2017]
(4)
Notwithstanding any other provision of this
section, the applicant shall file with the Construction Official a
certificate obtainable from the Secretary of the Sewerage Authority
indicating the consent and approval of the Authority for the installation
of such sewer lines and associated facilities, including lift pumps,
siphons, building Y-branches, etc., as the Authority may require,
and the payment by the applicant to the Authority of all costs, fees
and other charges as may be required by said Authority in connection
with said installation. In instances where such certificate is not
obtainable from the Sewerage Authority, a permit from the Board of
Health certifying that the proposed water supply and sewerage facilities
are in accordance with all applicable local and state health laws
shall be submitted to the Construction Official.
(5)
Where an applicant for a residential use in
a residential zone will require a variance from the chapter for any
area or front, rear or side yard setback requirements, only a site
plan and elevation drawings will be necessary to support an application
to the Board of Adjustment. The Board of Adjustment may require detailed
plans and specifications if, in its judgment, the same are necessary
to a determination of the application.
C.
Permits
for electric vehicle supply/service equipment (EVSE) or make-ready
parking spaces. In accordance with P.L. 2021, c. 171,[1] and the subsequent model ordinance promulgated by the New Jersey Department of Community Affairs, permits for electric vehicle supply/service equipment (EVSE) or make-ready parking spaces, as defined in Subsection O of § 166-153, shall be required and administered as follows
[Added 12-19-2022 by Ord.
No. 35-2022]
(1)
All EVSE and make-ready parking spaces shall be subject to applicable
local and/or Department of Community Affairs permit and inspection
requirements.
(2)
An application for development for the installation of EVSE
or make-ready spaces at an existing gasoline service station, an existing
retail establishment, or any other existing building shall not be
subject to site plan or other land use board review, shall not require
variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other
law, rule, or regulation, and shall be approved through the issuance
of a zoning permit by the Zoning Officer, provided the application
meets the following requirements:
(a)
The proposed installation does not violate any of the zoning
requirements applicable to the property or the conditions of any site
plan or other approvals for the existing gasoline service station,
retail establishment, or other existing building in effect at the
time of the permit;
(b)
All other conditions of prior approvals for the gasoline service
station, the existing retail establishment, or any other existing
building continue to be met; and
(c)
The proposed installation complies with the construction codes
adopted in or promulgated pursuant to the State Uniform Construction
Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety
standards concerning the installation, and any state rule or regulation
concerning electric vehicle charging stations.
(3)
An application for a zoning permit for the installation of EVSE or make-ready spaces pursuant to Subsection C(2) above shall be deemed complete if:
(a)
The application, including the permit fee and all necessary
documentation, is determined to be complete;
(b)
A notice of incompleteness is not provided within 20 days after
the filing of the application; or
(c)
A one-time written correction notice is not issued by the Zoning
Officer/Construction Official within 20 days after filing of the application
detailing all deficiencies in the application and identifying any
additional information explicitly necessary to complete a review of
the permit application.
(4)
A permit application solely for the installation of electric
vehicle supply equipment permitted as an accessory use shall not be
subject to review based on requirements for the number of parking
spaces.
[1]
Editor's Note: See N.J.S.A. 40:55D-66.18 et seq.
[Added 12-19-2011 by Ord. No. 30-11; amended 8-23-2012 by Ord. No.
19-12]
Applications for tree removal permits required by § 166-131 shall comply with the following procedures:
A.
The applicant shall submit a completed application form, a plan depicting the proposed tree protection, removal and replanting, and an application fee as set forth in § 166-48M. Application forms shall be available from the Township Engineering Department. The application and form and plans shall provide all information required to demonstrate compliance with § 166-131. In cases where disturbance of more than one acre is proposed, the plan and application may estimate the number, size and species of trees to be removed based upon a representative sample of trees on the site. Such sample shall be based upon at least one acre of land and the sample area shall be delineated on the tree removal plan and marked in the field. The reviewing agency shall verify that the sample area is representative of the entire area to be affected by tree removal, such that estimated number, size and species to be removed is an accurate representation of the number, size and species to be removed based upon a complete count of the trees to be removed.
[Amended 2-14-2013 by Ord. No. 3-13]
B.
The
tree protection, removal and replanting plan shall be prepared by
an individual with sufficient expertise in the subject matter, as
the circumstances in each case may require. If deemed necessary, the
Township Engineer may require that the plan be prepared by and/or
certified by a surveyor, engineer, landscape architect, architect,
arborist, certified wetland delineator or other appropriate professional.
C.
The
application shall be reviewed for completeness by the Township Engineer
or his designee. Such review may include inspection of the subject
property. If the application is incomplete, the Township Engineer
shall notify the applicant of the deficient information within 10
business days of the application submission; otherwise, the application
shall be deemed to be complete. If determined incomplete, no further
action shall be taken unless and until the deficiencies are addressed.
D.
Unless determined incomplete, the Township Engineer shall issue or deny a tree removal permit within 10 business days of submission of the application; provided, however, that in the case of an application that proposes to plant replacement trees at an off-site location pursuant to § 166-131G(5) and (6), the application shall be referred to the Planning Board for its review and comment, and in which case the Township Engineer shall issue or deny such tree removal permit within 45 days of submission of the application. Failure of the Township Engineer to act within the prescribed period shall be deemed to be an approval of the application. The Township Engineer shall grant or deny the application based upon the criteria in § 166-131 and shall inform the applicant of the decision.
[Amended 10-11-2018 by Ord. No. 21-2018]
E.
If
the application is approved, the holder of a tree removal permit shall
notify the Township Engineer or the Township Engineering Department
in person, by telephone or in writing at least three business days
prior to the commencement of tree removal activities.
G.
Tree
removal permits shall expire and be null and void if the approved
tree removal does not occur within one year of the date of the permit
approval. The Township Engineer may grant extensions of the permit
approval for good cause shown.
H.
Emergency
tree removal. In the case of an emergency situation requiring immediate
removal of the tree(s) in order to avoid or remedy an imminent or
clear and present danger to life or property, such trees may be removed
without prior approval. In such cases, the property owner shall notify
the Township Engineer or his designee no later than seven days after
removal, and shall document the emergency conditions that required
the immediate removal of the tree(s) in question.
When a new lot or lots are formed from part
of a parcel of land, the separation must be effected in such a manner
as not to impair any of the provisions of this chapter.
[1]
Editor's Note: Former § 166-112, Mixed uses, was
repealed 2-26-2009 by Ord. No. 5-09.
[Amended 7-9-2015 by Ord.
No. 18-15]
A.
General. Every lot shall contain front, rear and side yards as required
by this chapter. In addition, the following provisions shall apply:
(1)
All required yard depths shall be measured perpendicular to
the lot line and shall be measured between the lot line and the nearest
portion of the building, excluding any encroachments permitted by
this chapter.
(2)
On streets less in width than proposed or required by applicable
county, state or borough plans or regulations, the minimum required
front yard shall be measured from the proposed right-of-way line or
road widening easement, whichever is more restrictive.
(3)
Yards shall be open and unoccupied by buildings or other structures,
except as permitted otherwise by this chapter.
(4)
No yard or other open space shall be so reduced in area or dimension
as to make it less than the minimum depth required under this article.
(5)
Lot line and yard determinations for uncommon or atypical lots. In the event that the definitions of lot lines and yards in § 166-4 do not allow for a clear or reasonable determination of front, rear and side lot lines or yards, as for example in the case of flag lots or land-locked parcels which may be nonconforming or created by variance, the determination of such lot lines and yards shall be made by the Zoning Officer. Any such determination may be appealed following the procedures set forth in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and this chapter. In making such determination and deciding such appeals, the following guidelines shall apply:
[Added 9-13-2018 by Ord.
No. 19-2018]
(a)
Generally, the common boundaries between lots are to be defined
the same. Thus, if the common boundary is a rear lot line for one
lot, it is to be considered a rear lot line for all lots that share
that boundary. The same case applies when a common boundary is a side
lot line. There are exceptions to this principle, however, such as
when a rear lot line on a corner lot is also the side lot line of
the property sharing the same boundary.
(b)
Generally, rear lot lines intersect side lot lines or other
rear lot lines, but not front lot lines. There are exceptions to this
principle, however, such as when a rear lot line on a corner lot intersects
one or more of the front lot lines.
(c)
Generally, side lot lines intersect front lot lines and/or rear
lot lines. Side lot lines may also intersect other side lot lines,
as for example in the case of corner lots in the nonresidential zones.
(d)
Generally, rear lot lines and rear yards are located to the
rear of the principal building, and side yards are located to the
side of the principal building. There are exceptions to this principle,
however, such as when the principal building is at a severe angle
to the lot line(s), or the lot line(s) curve or angle along more than
one wall of the building, the lot is unusually shaped, the building
is unusually shaped or oriented, etc.
(e)
Generally, front yards are located in front of the principal
building, across the full width of a lot. There are exceptions to
this principle, however, such as in the case of flag lots and landlocked
parcels not having frontage on an approved street. In such cases,
the front yard may be more limited in extent or there may be no front
yard at all, as with a landlocked parcel.
(6)
Lot line and yard determinations for certain corner lots and
through lots. Notwithstanding the lot line and yard definitions for
corner lots and through lots in this chapter, the Zoning Officer may
in exceptional circumstances determine that a lot line abutting a
street right-of-way is a rear lot line or side lot line, and that
the entire area between such lot line and the principal building is
a rear yard or side yard. In addition, the Zoning Officer may determine
that other lot lines and yards on corner lots and through lots are
to be construed differently than defined by this chapter. The following
shall apply:
[Added 9-13-2018 by Ord.
No. 19-2018]
(a)
In the case of corner lots, such determinations shall only be made if there are exceptional circumstances that would produce a result clearly contrary to the intent of the zoning regulations if the definitions in § 166-4 were applied, as evidenced by:
[1]
An exceptional orientation of the principal building on the
lot and/or on adjacent lots;
[2]
An exceptional condition of usage of yard areas on the lot and/or
on adjacent lots; and/or
[3]
An exceptional situation involving frontage upon a highway and
in which the yard abutting the highway is and could not reasonably
be expected to be used as a front yard.
(b)
In the case of through lots, such determinations shall only
be made if there is a clear and consistent pattern in the immediate
vicinity of other lots treating such lot lines and yards in the same
manner, as evidenced by:
[1]
A pattern of the same or similar orientation of principal buildings
toward the same street;
[2]
A pattern of the same or similar setback of principal buildings
from the same street;
[3]
A pattern of driveways providing access from the same street;
[4]
A pattern of the same or similar the usage of yard areas; and/or
[5]
A pattern of fences and/or buffers providing separation from
the same street.
(c)
Prior to making such determinations, the Zoning Officer may
require the permit applicant to notify adjacent property owners of
the permit application in sufficient time for such owners to review
the application and communicate any objections to the Zoning Officer.
(d)
In making such determinations, the Zoning Officer may impose
certain reasonable requirements and/or conditions in order to preserve
the neighborhood development pattern and to protect the public health,
safety and welfare. Such requirements and/or conditions may relate
to, but are not limited to, permitted accessory uses and structures;
required setbacks; screening; fence height, location and design; driveway
design and location; sight distance for streets, driveways and sidewalks;
and property maintenance.
(e)
Any Zoning Officer determination, and any requirement and/or
condition imposed by the Zoning Officer, may be appealed in the same
manner as any other determination of the Zoning Officer in accordance
with this chapter and the Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq.
B.
Permitted yard encroachments. Except as hereinafter specified, or
as may be specified otherwise by this chapter, yards and courts shall
be entirely free of buildings, structures, or parts thereof. The foregoing
shall not be construed to permit any portions of a building or other
structure to encroach into any street or other right-of-way or onto
adjacent property or into any easement where such buildings or structures
are prohibited.
[Amended 9-24-2015 by Ord. No. 26-15; 5-14-2020 by Ord. No. 15-2020]
(1)
Yard encroachments permitted by other provisions of this chapter,
expressly or implied, shall be as set forth in the sections regulating
such uses and structures. In case of conflict between the provisions
of this subsection and other provisions of this chapter, the more
restrictive requirement shall apply.
(2)
Ingress and egress structures.
[Amended 2-10-2022 by Ord. No. 3-2022]
(a)
ABOVE GRADE
INGRESS AND EGRESS STRUCTURE
For purposes of this subsection, the following definitions shall
apply:
Located at least one foot in elevation above the elevation of normal grade directly below the point of measurement. (See "normal grade" in the definition of "height of building or structure" in § 166-4.)
An unenclosed above-grade structure, which may include a
stairway or ramp to grade, which is designed primarily to provide
ingress and/or egress to a building, porch, deck, raised patio, or
other similar raised floor level. Excluded from this definition shall
be at-grade or below-grade structures, as well as the decks, raised
patios, and other similar raised outdoor recreational structures to
which the ingress and egress structure(s) is (are) accessory.
(b)
Ingress and egress structures may encroach into the minimum
required yards as set forth below:
[1]
Any encroachment into the minimum required front, side and rear
yards shall only be permitted for such structures located at an elevation
at or below the level of the ground/first floor and/or basement, except
as provided below for fire escapes. In the case of split-level, bi-level,
or other situations involving multiple floor levels, the determination
of what is the ground/first floor and/or basement levels shall be
made by the Zoning Officer, the intent being to only permit encroachment
into yards only by such structures that provide ingress and egress
to lower, and not upper, floor levels.
[2]
No encroachment into the minimum required front, side or rear
yards shall be permitted for any ingress and egress structure that
is enclosed by walls, screens, windows or other similar enclosures.
[3]
Ingress and egress structures shall be permitted a roof, canopy, awning or similar covering, as well as any necessary support columns and open railings, subject, however, to the provisions of Subsection B(4) below.
[4]
Setback from front lot lines. Ingress and egress structures
shall not encroach more than 10 feet into the minimum required front
yard(s). The cumulative area of all such encroachments shall not exceed
150 square feet for each front yard.
[5]
Setback from side lot lines. Ingress and egress structures shall
not be located closer to each side lot line than five feet less than
the minimum required for principal buildings. For example, if the
principal building is required to be set back at least 15 feet from
the side lot line, ingress and egress platforms shall be located at
least 10 feet from the side lot line. The cumulative area of all such
encroachments shall not exceed 75 square feet for each side yard.
[6]
Setback from rear lot lines. Ingress and egress structures shall
be set back from the rear lot line(s) a distance not less than 1/2
the minimum rear yard depth required for principal buildings. For
example, if the principal building is required to be 50 feet from
the rear lot line, ingress and egress platforms shall be located at
least 25 feet from the rear lot line.
(3)
Fire escapes may encroach up to four feet into any required
side or rear yard.
(4)
Awnings, roofs, and canopies over ingress and egress structures,
doors and windows may encroach up to five feet into any required minimum
front yard for principal buildings. Awnings, roofs, and canopies over
ingress and egress structures shall be set back from the side and
rear lot lines a distance not less than that required for the ingress/egress
structure.
[Amended 2-10-2022 by Ord. No. 3-2022]
(5)
Cornices and eaves may encroach up to three feet into any required yard, except as provided otherwise by Subsection B(4) above.
(6)
Sills, leaders, belt courses and similar ornamental structural
features may encroach up to six inches into any required yard.
(7)
Heating, ventilating and air-conditioning equipment, pool pumps
and filters, basement window wells, "Bilco"-style basement doors,
and similar equipment and structures may encroach into any required
side or rear yard, provided that the same shall be required to be
located at least five feet from side lot lines and 10 feet from rear
lot lines.
(8)
At-grade or below-grade structures, including but not limited
to sidewalks, window wells, basement stairwells and similar structures,
shall be permitted to encroach into required yards without limitation,
except such limitations as may be imposed by other requirements of
this chapter or by other laws or regulations.
(9)
Railings, guiderails or similar protective features for ingress
and egress structures, retaining walls, and at-grade or below-grade
structures shall be subject to the same yard requirements as the structures
to which they are accessory, provided that such structures shall be
required to comply with the requirements for fences in this chapter.
[Added 6-13-1996 by Ord. No. 6-96; amended 8-16-2007 by Ord. No.
16-07; 2-10-2022 by Ord. No. 2-2022]
In addition to all other applicable requirements of this chapter,
residential development located in any zone district intended primarily
for single-family detached residences (e.g., R-40, R-40N, R-30, R-25,
R-21, R-15, and R-10 Zone Districts) shall comply with the building
coverage, improvement coverage and floor area ratio requirements set
forth below:
A.
Maximum building coverage and floor area ratio.
|
Lot Area
(square feet)
|
Maximum Building Coverage
|
Maximum Floor Area Ratio
|
|---|---|---|
|
0 - 14,999
|
20%, but not above 2,700 square feet
|
30%, but not above 3,600 square feet
|
|
15,000 - 19,999
|
18%, but not above 3,200 square feet
|
24%, but not above 4,200 square feet
|
|
20,000 - 24,999
|
16%, but not above 3,500 square feet
|
21%, but not above 4,750 square feet
|
|
25,000 - 29,999
|
14%, but not above 3,600 square feet
|
19%, but not above 5,100 square feet
|
|
30,000 - 34,999
|
12%, but not above 3,850 square feet
|
17%, but not above 5,600 square feet
|
|
35,000 - 40,499
|
11%, but not above 4,050 square feet
|
16%, but not above 6,075 square feet
|
|
40,500 and over
|
10%
|
15%
|
B.
Maximum improvement coverage.
|
Lot Area
(square feet)
|
Maximum Improvement Coverage
|
|---|---|
|
0 - 10,000
|
44.5% of lot area
|
|
10,000 - 14,999
|
4,450 square feet, plus 0.20 square foot for each 1 square foot
of lot area over 10,000 square feet
|
|
15,000 - 19,999
|
5,450 square feet, plus 0.18 square foot for each 1 square foot
of lot area over 15,000 square feet
|
|
20,000 - 24,999
|
6,350 square feet, plus 0.15 square foot for each 1 square foot
of lot area over 20,000 square feet
|
|
25,000 - 29,999
|
7,100 square feet, plus 0.13 square foot for each 1 square foot
of lot area over 25,000 square feet
|
|
30,000 - 34,999
|
7,750 square feet, plus 0.13 square foot for each 1 square foot
of lot area over 30,000 square feet
|
|
35,000 - 39,999
|
8,400 square feet, plus 0.11 square foot for each 1 square foot
of lot area over 35,000 square feet
|
|
40,000 - 44,999
|
8,950 square feet, plus 0.11 square foot for each 1 square foot
of lot area over 40,000 square feet
|
|
45,000 - 49,999
|
9,500 square feet, plus 0.10 square foot for each 1 square foot
of lot area over 45,000 square feet
|
|
50,000 and over
|
20% of lot area
|
|
As an example, the maximum improvement coverage is 4,850 square
feet for a lot with an area of 12,000 square feet, based upon the
following calculations:
|
|
12,000 square feet lot is in category of 10,000
- 14,999 square feet lot area.
For this category, the maximum improvement coverage
is 4,450 square feet, plus 0.20 square foot for each 1 square foot
of lot area over 10,000 square feet.
|
|
12,000 square feet - 10,000 square feet = 2,000
square feet
|
|
2,000 square feet x 0.20 = 400 square feet
|
|
4,450 square feet base coverage + 400 square feet
additional coverage = 4,850 square feet
|
[Added 2-12-2015 by Ord.
No. 1-15]
Notwithstanding the definitions of "floor area" and "floor area ratio" in § 166-4A, the following floor areas shall be excluded from the minimum floor area, maximum floor area and maximum floor area ratio requirements of this chapter, unless specifically indicated otherwise in the regulations for the individual zone districts:
A.
Residential development.
(1)
Attic and basement floors.
(2)
Unenclosed porches, breezeways, carports, gazebos and other
such roofed structures not enclosed by windows, screens or other similar
enclosures.
(3)
The interior portions of buildings that do not contain actual
floor platforms, including but not limited to the upper areas of multiple-story
rooms, the upper areas of stairwells and the like.
(4)
The interior portions of buildings where the floor-to-ceiling
height is less than six feet.
(5)
Chimneys.
(6)
For minimum floor area requirements only, all nonhabitable floor
areas shall be excluded, in addition to the foregoing exclusions.
B.
Nonresidential development.
(1)
Floor areas within parking decks and structures, private garages
and other buildings or roofed structures, which are used for the parking
of motor vehicles used by employees and patrons of the nonresidential
use on a regular basis. The foregoing shall not be construed to exclude
floor area used for motor vehicle storage, sale, display or servicing,
unless otherwise excluded.
(2)
Floor areas within attics and basements which are unused or
are dedicated to use for inactive storage. For purposes of administering
this provision, "inactive storage" shall mean storage of a long-term
nature which does not experience frequent turnover of material or
frequent visitation by employees or other personnel associated with
the use.
(3)
Floor areas within attics and basements dedicated to mechanical
equipment and utilities necessary for the use of the building, included
but not limited to electrical panels, water heaters, furnaces, air-conditioning
equipment and other such equipment and utilities. The foregoing shall
not be construed to exclude areas used for storage of equipment for
sale or distribution, or equipment used in any industrial process
or function that is part of the nonresidential operation, unless such
storage is otherwise excluded.
(4)
Unenclosed porches, breezeways, carports, gazebos and other
such roofed structures not enclosed by windows, screens or other similar
enclosures.
(5)
The interior portions of buildings that do not contain actual
floor platforms, including but not limited to the upper areas of multiple-story
rooms, the upper areas of stairwells and the like.
(6)
The interior portions of buildings where the floor-to-ceiling
height is less than six feet.
(7)
Chimneys.
C.
Mixed-use development. The provisions of Subsections A and B, respectively, shall apply to the residential and nonresidential portions of the development. In the event that portions of the development are shared such that the residential and nonresidential portions cannot be distinguished, the more restrictive provision shall apply.
[Amended 5-12-2005 by Ord. No. 14-2005]
A.
General.
No accessory building and other roofed accessory structure may be
built on any lot on which there is no principal building or structure,
except that bus shelters shall be permitted on a lot without a principal
structure.
[Amended 4-11-2013 by Ord. No. 13-13]
B.
Buildings and other roofed structures accessory to residential use.
The following requirements shall apply to buildings and roofed structures
that are accessory to residential uses; provided, however, that if
the standards in a particular zone district or other section of this
chapter conflict with any of the following requirements, the standards
for the district or section, as applicable, shall apply:
[Amended 4-11-2013 by Ord. No. 13-13; 9-13-2018 by Ord. No. 19-2018; 12-13-2018 by Ord. No. 37-2018; 12-12-2019 by Ord. No. 55-19; 12-10-2020 by Ord.
No. 30-2020]
(1)
Permitted yards.
(a)
No accessory building or other roofed accessory structure shall
be permitted in the front yard, provided that bus shelters and gatehouses
designed to serve multifamily residential developments shall be permitted
in the front yard.
(b)
On corner lots and through lots, no accessory building or other
roofed accessory structure shall be permitted in any front yard.
(c)
Accessory buildings and other roofed accessory structures are
permitted in the side and rear yard, subject to the requirements of
this subsection and all other applicable requirements of this chapter.
(2)
Required setbacks.
[Amended 2-10-2022 by Ord. No. 3-2022]
(a)
Attached structures. When an accessory building or other roofed
accessory structure is attached to a principal building or is separated
from the principal building by a distance less than 10 feet or the
height of said accessory building or roofed structure, whichever is
greater, such accessory building shall be subject to the same minimum
yard setback requirements as the principal building. In cases where
the setback regulation is based upon the height of the building, the
applicable setback requirement shall be based upon the height of the
accessory building or roofed structure.
(b)
Detached structures in side yard. Detached accessory buildings
and other roofed detached accessory structures located within the
side yard shall be subject to the required minimum front and side
yard setbacks for principal buildings in the zone.
(c)
Detached structures in rear yard. Detached accessory buildings
and other roofed detached accessory structures located within the
rear yard shall be subject to the following:
[1]
Accessory buildings and other roofed accessory structures in
the rear yard on corner lots or through lots shall be subject to the
required minimum front yard setbacks for principal buildings in the
zone.
[2]
Accessory buildings and other roofed accessory structures which
are enclosed by walls, or which are not used or intended for use for
outdoor recreational activity, and which are located in the rear yard
shall be located at least 10 feet from the side and rear lot lines.
[3]
Accessory buildings and other roofed accessory structures which are not enclosed by walls and which are used or intended for use for outdoor recreational activity, such as certain cabanas, gazebos, and similar structures, and which are located in the rear yard shall comply with the setback requirements applicable to patios, porches, and decks in § 166-136.
(3)
Maximum height. The maximum permitted height of detached accessory
buildings and other detached roofed accessory structures shall be
as follows:
(a)
Detached garages: 1 1/2 story or 17 feet, whichever is
less; provided, however, that no detached garage shall be permitted
to have a height greater than 13 feet unless the main roof of such
garage has a pitch of at least 4:12 (vertical: horizontal).
(b)
Other detached structures: one story and 13 feet.
(4)
Maximum building coverage. In addition to the requirements of
§ 166-113.1., the maximum cumulative building coverage of
all detached accessory buildings and roofed accessory structures,
excluding detached accessory structures used for the keeping of livestock
as permitted by § 166-136.2., shall be as follows:
|
Lot Area
(square feet)
|
Maximum Building Coverage
|
|---|---|
|
0 to 13,249
|
5.000% of the lot area, but not more than 550 square feet
|
|
13,250 to 16,499
|
4.151% of the lot area, but not more than 600 square feet
|
|
16,500 to 19,749
|
3.636% of the lot area, but not more than 650 square feet
|
|
19,750 to 22,999
|
3.291% of the lot area, but not more than 700 square feet
|
|
23,000 to 26,249
|
3.043% of the lot area, but not more than 750 square feet
|
|
26,250 to 29,499
|
2.857% of the lot area, but not more than 800 square feet
|
|
29,500 to 32,749
|
2.712% of the lot area, but not more than 850 square feet
|
|
32,750 to 35,999
|
2.595% of the lot area, but not more than 900 square feet
|
|
36,000 or more
|
900 square feet
|
(5)
In addition to the requirements of Subsection B(4) above, the aggregate building coverage of all detached accessory buildings and roofed accessory structures, excluding detached accessory structures used for the keeping of livestock as permitted by § 166-136.2, shall not exceed 1/2 of the actual building coverage of the principal building on the same lot.
(6)
No more than two detached accessory buildings or roofed accessory
structures shall be permitted on any residential lot, except for permitted
multifamily residential developments.
(7)
The aggregate number of vehicle spaces in garages, both detached and attached, shall be subject to the requirements of § 166-118.
(8)
The exterior walls and roofs of detached garages shall be designed
using an architectural style and materials which are compatible with
the style and materials of the dwelling(s) to which they are accessory.
C.
Buildings and other roofed structures accessory to
nonresidential use. The following requirements shall apply to buildings
and roofed structures that are accessory to nonresidential uses; provided,
however, that if the standards for accessory buildings in a particular
zone district conflict with any of the following requirements, the
standards for the district shall apply:
(1)
No accessory building or other roofed accessory
structure shall exceed 20 feet in height.
[Amended 10-27-2011 by Ord. No. 28-11]
(2)
Accessory buildings and other roofed accessory structures may
be built within the front yard, subject to the following:
[Amended 10-27-2011 by Ord. No. 28-11]
(a)
Bus shelters, gatehouses, visitor entry buildings and similar
structures having a building coverage not exceeding 500 square feet
shall be permitted in the front yard without any setback requirement
from the front lot line or from any private street or other private
roadway, provided that unless located adjacent to an entry or exit
driveway or street, such structures shall not be permitted to encroach
into any required buffer area in the front yard.
[Amended 4-11-2013 by Ord. No. 13-13]
(b)
Except for those structures regulated by Subsection C(2)(a) above, all accessory buildings in the front yard shall be located a distance from the front lot line not less than the minimum front yard requirement for principal buildings. In those zone districts where the front yard requirement varies with the height of the principal building, the minimum front yard requirement for accessory buildings shall be based upon the height of the accessory building.
(c)
Accessory buildings in the front yard having a building coverage not exceeding 500 square feet shall be located at least 20 feet from the side and rear lot lines. Excluded from this requirement shall be those structures in the situations specified by Subsection C(2)(a) above, for which no setback shall be required.
[Amended 4-11-2013 by Ord. No. 13-13]
(d)
Accessory buildings in the front yard having a building coverage
of more than 500 square feet shall be set back from the side and rear
lot lines a distance not less than the side and rear yard requirements
for principal buildings. In those zone districts where the side or
rear yard requirements vary with the height of the principal building,
the setback requirement for accessory buildings from the side or rear
lot lines shall be based upon the height of the accessory building.
(3)
No accessory building or other roofed accessory structure shall
be closer to the principal building than the height of said accessory
building or 20 feet, whichever is greater.
[Amended 10-27-2011 by Ord. No. 28-11]
(4)
Accessory buildings and other roofed accessory structures may
be built within the side yard, subject to the following:
[Amended 10-27-2011 by Ord. No. 28-11]
(a)
Accessory buildings in the side yard having a building coverage not exceeding 500 square feet shall be located at least 20 feet from the side and rear lot lines. Excluded from this requirement shall be those structures in the situations specified by Subsection C(2)(a) above, for which no setback shall be required.
[Amended 4-11-2013 by Ord. No. 13-13]
(b)
Accessory buildings in the side yard having a building coverage
of more than 500 square feet shall be set back from the side and rear
lot lines a distance not less than the side and rear yard requirements
for principal buildings. In those zone districts where the side or
rear yard requirements vary with the height of the principal building,
the setback requirement for accessory buildings from the side or rear
lot lines shall be based upon the height of the accessory building.
(5)
Accessory buildings and other roofed accessory
structures built in the rear yard shall comply with the following
setback requirements:
(a)
Such buildings and structures having a building coverage of 500 square feet or less shall not be not closer to any side or rear property line than 20 feet, or the height of the accessory building or other roofed structure, whichever is greater. If the building or roofed structure varies in height, the setback requirement shall apply independently to each portion of the building or structure, based upon the height of such portion. Excluded from this requirement shall be those structures in the situations specified by Subsection C(2)(a) above, for which no setback shall be required.
[Amended 4-11-2013 by Ord. No. 13-13; 6-14-2018 by Ord. No. 15-2018]
(b)
Such buildings and structures having a building
coverage of more than 500 square feet shall comply with the setback
requirements applicable to principal buildings.
(6)
The cumulative building coverage of all detached accessory buildings
or other roofed structures accessory to a nonresidential use, except
for parking decks, shall not exceed 1/4 of the permitted maximum building
coverage on the same lot.
[Amended 2-12-2015 by Ord. No. 1-15; 10-12-2017 by Ord. No. 22-2017]
[Amended 7-9-1987 by Ord. No. 22-87; 4-14-1988 by Ord. No.
3-88; 8-23-1990 by Ord. No. 35-90; 12-22-1993 by Ord. No. 36-93; 6-8-1995 by Ord. No. 16-95; 10-10-1996 by Ord. No. 15-96; 11-14-1996 by Ord. No.
17-96; 10-22-1998 by Ord. No. 25-98; 10-26-2000 by Ord. No. 14-2000; 11-14-2002 by Ord. No. 25-2002; 3-11-2004 by Ord. No.
3-2004; 7-22-2004 by Ord. No. 19-2004; 12-14-2006 by Ord. No.
31-2006; 2-26-2009 by Ord. No. 5-09; 11-23-2009 by Ord. No. 18-09; 3-11-2010 by Ord. No. 11-10; 8-12-2010 by Ord. No. 22-10; 9-8-2011 by Ord. No.
26-11; 10-27-2011 by Ord. No. 28-11]
A.
No building to be used as a dwelling shall be constructed, altered
or moved to the rear of a building situated on the same lot, nor shall
any building be constructed in front of or moved to the front of a
dwelling situated on the same lot, except as regulated for single-family
attached and multifamily housing developments, and for permitted residential
uses accessory to institutional uses, where permitted by this chapter.
[Amended 7-14-2016 by Ord. No. 20-16]
B.
In all R-40, R-40N, R-30, R-25, R-21, R-15, R-10 and
B Zones, no lot may contain more than one principal building, except
as may be specifically provided otherwise by this chapter.
[Amended 7-14-2016 by Ord. No. 20-16; 12-14-2017 by Ord. No. 26-2017; 4-13-2023 by Ord. No. 10-2023]
C.
More than one principal building is permitted on a
lot in each of the zones as follows, except as may be specifically
provided otherwise by this chapter:
[Amended 9-12-2013 by Ord. No. 17-13; 12-13-2012 by Ord. No. 23-12; 7-14-2016 by Ord. No. 20-16]
(5)
In the OB-DS Zone as set forth in § 166-193.3J.
(10)
In the RM-2 Zone for multifamily and townhouse development only, as set forth in Article XXIXB.
[Amended 12-14-2017 by Ord. No. 26-2017]
(13)
In the B-P2 Zone for multifamily and single-family attached dwellings only, as regulated by § 166-186.11B.
(14)
In the WC Zone for planned commercial development only.
(18)
In the OB-RL3 Zone as set forth in §§ 166-193.7O and 166-193.8A.
D.
The principal building on a lot in any B, B-10, B-10W, B-P2, WC, D-S, O-S, OB-RL, OB-DS, OB-RL3, I, I-2, I-P, I-B3, I-4 and TC Zone District may be divided to accommodate different operations or tenants within the principal building, subject, however, to the provisions of Subsection F below.
[Amended 12-13-2012 by Ord. No. 23-12; 12-14-2017 by Ord. No. 26-2017; 6-13-2019 by Ord. No. 24-19; 4-13-2023 by Ord. No. 10-2023]
E.
Multiple tenants within any building in an approved planned industrial development are permitted as regulated therein; subject, however, to the provisions of Subsection F below.
[Amended 12-14-2017 by Ord. No. 26-2017]
F.
Restrictions on certain combinations of uses. Within any building
or property, there shall be prohibited a mixture or combination of
any of the uses in Column A below with any of the uses in Column B
below, except when such uses are accessory to the principal use, or
unless the applicant demonstrates to the satisfaction of the Site
Plan Exemption Committee or the Planning Board, as applicable, that
such uses can reasonably function together within the same building
and on the same site without undue interference with each other or
without undue impairment of the health, safety and general welfare
of site users:
[Amended 7-9-2015 by Ord.
No. 17-15; 7-14-2016 by Ord. No. 18-16]
|
A
|
B
|
|---|---|
|
Industrial and manufacturing uses, manufacturing uses, wholesale
trade uses, construction uses and building trade contractors, construction
equipment leasing or storage, truck depots, distribution facilities
or truck storage, warehousing, repair and/or other services to motor
vehicles, public utility stations or yards, and uses similar in character
to the foregoing
|
Amusement and recreation services, including but not limited
to dance studios, martial arts studios, tennis clubs, physical fitness
centers, and other indoor physical fitness facilities; health services,
including but not limited to medical offices; educational services
and social services, including but not limited to schools, child-care
centers, counseling services and unemployment services; membership
organizations, including but not limited to nonprofit organizations
and houses of worship; and other services and uses similar to the
above, either in operational characteristics or function
|
G.
Multiple
drive-in or drive-through uses on the same lot. Not more than one
drive-in and/or drive-through use shall be permitted on the same lot
unless the developer, as part of a site plan application, demonstrates
that the multiple drive-in or drive-through operations:
[Added 10-12-2023 by Ord. No. 31-2023[1]]
(1)
Will
not result in unacceptable circulation conflicts or obstructions on
the lot;
(2)
Will
not reduce the queuing capacity of vehicles in the drive-in or drive-through
lanes to unacceptable levels;
(3)
Will
not excessively interfere with on-site parking operations, loading
or unloading operations, or pedestrian access; and
(4)
Will
not result in unacceptable impacts to or safety concerns for vehicular
or pedestrian movements within any adjacent street right-of-way.
[Added 12-13-2018 by Ord.
No. 37-18]
Home medical offices and home occupations shall be permitted
in a single family detached residence, subject to the following requirements:
A.
Home medical offices. Home medical offices shall be limited to the
office of a practitioner licensed or certified by the State of New
Jersey for the practice of any of the following; chiropody, podiatry,
dentistry, medicine, chiropractic, psychology, psychiatry and osteopathy,
subject, however, to all of the following terms and conditions:
(1)
Said practitioner shall be the owner or lessee of such residence.
(2)
Said practitioner shall reside therein.
(3)
Said practitioner shall not have the services of more than two
persons acting as assistants, who need not be residents therein.
(4)
Such office shall be limited to either the first floor or basement
of such residence and shall not occupy an aggregate amount of space
in excess of 50% of the area of such first floor or basement.
(5)
No patient shall remain therein overnight.
(6)
Each such office shall be provided with not less than five off-street
parking spaces in addition to those spaces required for residential
purposes.
(7)
Each such office as regulated in this subsection shall only
be permitted after site plan approval by the Planning Board.
(8)
The lot shall have a minimum area of 40,500 square feet in the
R-40 District and 30,000 square feet in all other residential districts.
B.
Home occupations, defined as an occupation conducted in the residence
of the practitioner of such occupation, shall be limited to architects,
engineers, lawyers, accountants, sales agents, teachers of academic
subjects and musical instruments and artists. Academic subjects shall
be construed as literary, mathematical, artistic and scientific subjects
customarily taught in high schools or universities, and not including
such subjects as automotive mechanics, manual training, laboratory
experimentation and the like. Any of the above uses shall only be
permitted if all of the following requirements are complied with:
(1)
There shall be no physical evidence of said use from the exterior
of the residential building.
(2)
Signs of any kind advertising the nonresidential use are prohibited.
(3)
There shall be no keeping of stock in trade and no vehicular
distribution from the premises of goods or material of any kind.
(4)
The remodeling of any residential building in any way to create
an impression of business activity from the exterior of the residential
building is prohibited.
(5)
No home occupation shall have the services of any person not
residing therein.
(6)
Any home occupation shall be limited to either the first floor
or basement of such residence and shall not occupy an aggregate amount
of floor space greater than 200 square feet.
(7)
Teachers shall not teach more than one student on the premises
at one time.
C.
The above shall not be construed to permit any of the following in
a residential zone: realtors, dance studios, beauty parlors, barbershops,
funeral parlors or undertaking establishments.
A.
Any lot as defined herein at the time of the adoption
of this chapter that fails to comply with the minimum requirements
of this chapter may be used for any use not otherwise prohibited in
said district in which it lies, provided that said lot is in single
ownership as defined in this chapter, and further provided that all
yard requirements are met.
B.
Where there are two contiguous platted lots not previously
subdivided by the Planning Board and each of the lots contains a principal
structure, each such lot with a structure thereon shall be deemed
a separate lot, and, if only one of the lots shall contain a principal
structure, said vacant contiguous lot shall be deemed a part of the
lot containing the principal structure.
No lot, yard, parking area or other space shall
be so reduced in area or dimension as to make said area or dimension
less than the minimum required under this chapter. If already less
than the minimum required under this chapter, said area or dimension
shall not be further reduced.
[Amended 7-9-1987 by Ord. No. 22-87; 12-22-1993 by Ord. No.
36-93]
Garaging for not more than three cars may be
erected on a single lot containing a single-family residential dwelling
unit. Not more than one truck with a maximum capacity of one ton owned
or used by a resident on the premises is permitted and that shall
be kept in an enclosed garage. This provision shall not be deemed
to limit the number of garages permitted on a single lot developed
for multifamily housing units, provided that every garage is accessory
to the multifamily housing units.
[Added 12-13-2018 by Ord.
No. 37-18]
The operation of any motorcycle, moped, dirt bike, automobile
or any other type of motorized vehicle outside of Township-approved
streets, driveways and parking spaces shall be prohibited in the single-family
residential zone districts. The foregoing shall not be construed to
prohibit the lawful operation of construction vehicles for construction
purposes, the use of lawn mowers or other mowing equipment, snowblowers
or similar, vehicles or equipment operating in accordance with applicable
regulations.
No permit shall be granted for a building or
use if the design or construction of the same involves or is likely
to involve exceptional risks of traffic congestion, public safety
or hazard. If the design or construction of any building or use is
so markedly incongruous with the character of the neighborhood as
to materially affect the value of adjacent or nearby property, the
Building Inspector shall deny the permit and refer the applicant to
the Board of Adjustment, which shall act thereon. Should the Board
determine that the foregoing standards are not violated, the permit
shall be granted.
[Added 12-8-1994 by Ord. No. 29-94]
Notwithstanding any other provision of this
chapter, establishments primarily engaged in scavenging, assembling,
breaking, sorting or distribution of scrap and waste materials are
prohibited in all zone districts of the Township. Exempt from this
prohibition are municipal recycling facilities, municipal facilities
involved in the maintenance and construction of public improvements
and recycling and waste disposal facilities operated as an accessory
use to a permitted principal use. The uses prohibited by this section
shall include, but not necessarily be limited to, the assembling,
breaking, sorting, distribution, scavenging, reclamation, recycling
or other processing of the following:
A.
Vehicles for scrap or vehicles for secondhand parts.
B.
Building materials, lumber, pavement or other construction
materials.
C.
Waste bags, boxes, wastepaper or other paper materials.
D.
Waste bottles or other glass materials.
E.
Fur cuttings or scraps, rags, textile waste, wiping
rags or other cloth materials.
F.
Iron, steel, aluminum and other nonferrous metals
scrap.
G.
Waste oil, plastics, rubber, including tires, or other
petroleum-based materials.
H.
General junk, scrap or other waste materials.
[Added 9-28-1995 by Ord. No. 26-95;
amended 11-13-2003 by Ord. No. 23-2003]
Notwithstanding any other provision of this
chapter, self-service storage facilities are prohibited in all zone
districts of the Township unless specifically permitted by the zone
district regulations.
[Added 12-14-1995 by Ord. No. 31-95]
Notwithstanding any other provision of this
chapter, massage parlors, sex clubs and tattoo parlors are prohibited
in all zone districts of the Township.
[Added 8-28-1997 by Ord. No. 28-97]
Notwithstanding any less restrictive provision
of this chapter, the following provisions shall apply to sexually
oriented businesses in the Township; provided, however, that in case
of conflict between the provisions of this section and any other provision
of this chapter, the more restrictive provision shall apply:
A.
No person shall operate a sexually oriented business
within 1,000 feet of any existing sexually oriented business or any
church, synagogue, temple or other place of public worship or any
elementary or secondary school or any school bus stop or any municipal
or county playground or place of public resort and recreation or within
1,000 feet of any area zoned for residential use.
B.
Every sexually oriented business shall be surrounded
by a perimeter buffer of at least 50 feet in width with plantings,
fence or other physical divider along the outside of the perimeter
sufficient to impede the view of the interior of the premises in which
the business is located.
C.
No sexually oriented business shall display more than
two exterior signs, consisting of the one identification sign and
one sign giving notice that the premises are off limits to minors.
The identification sign shall be no more than 12 square feet in size.
[Added 5-12-2005 by Ord. No. 12-2005; amended 2-26-2009 by Ord. No. 5-09]
Any restaurant that is permitted by this chapter
shall be permitted to have an outdoor dining facility or facilities
as an accessory use to such restaurant. Unless regulated to the contrary
in the regulations for specific zone districts, such outdoor dining
facilities shall be subject to the following requirements:
A.
Such facilities shall comply with the setback requirements
applicable to principal buildings in the zone district.
B.
Such facilities shall be permitted in the front yard
only when they are located at least 75 feet from the street right-of-way
line, and are screened from the view of the street by plantings, fencing
and/or walls, or are otherwise not readily visible from the street.
C.
When located on a property that is adjacent to a property that is within a residential zone district or is used for residential purposes, such facilities shall be located at least 50 feet from such property or the distance required by § 166-125 for buffers on the property, whichever is greater. In addition, the outdoor dining area shall be screened from the view of such residential property or district by plantings, fencing and/or walls, effective during all seasons of the year. If located within 100 feet of a residential property or district, the outdoor dining facility shall not be permitted to operate between the hours of 10:00 p.m. and 7:00 a.m.
D.
If such facilities are to be used at the same time
as the indoor dining facilities on the premises, the area of the outdoor
dining facility shall be considered to be floor area for purposes
of determining the required number of parking spaces on the premises,
using the same parking ratio as would otherwise apply to the restaurant.
E.
Litter containers shall be provided for the outdoor
facility, or the operator of the facility shall demonstrate that service
personnel will maintain the area free of litter during and after the
hours of operation of the facility.
F.
No additional signage shall be permitted for the outdoor
dining facility above that permitted for the restaurant.
G.
Any lighting for the outdoor dining facility shall
be subject to the same requirements as apply to the illumination of
parking areas.
H.
No speakers, music, beepers or other similar noise-making
equipment that is audible from outside the building shall be permitted.
I.
The use of the outdoor dining area shall be limited
to the serving and consumption of food and beverages only; food cooking
and preparation, musical entertainment and other forms of entertainment
shall be prohibited.
J.
Outdoor dining facilities shall be required to obtain site plan approval; provided, however, that outdoor dining facilities that are fully conforming with the requirements of this chapter may apply for and be granted an exemption from site plan requirements pursuant to the procedures in § 166-164.1.
[Amended 11-12-2009 by Ord. No. 17-09]
[Added 9-10-2015 by Ord.
No. 23-15; amended 9-14-2017 by Ord. No. 21-2017]
A.
The sale or serving of alcoholic beverages for consumption on the
same premises shall be prohibited in all zone districts, unless such
sale or service is accessory to an eating and/or drinking establishment
licensed for such sale or service and which is designed to discourage
commingling of the patrons of such eating and/or drinking establishments
with the patrons of other business establishments that do not sell
or serve alcoholic beverages, using one or more of the following means:
(1)
The eating and/or drinking establishment is located in a separate
building from any other business establishment or portion thereof
to which the general public is invited on the same premises; and/or
(2)
The eating and/or drinking establishment is separated from any
other business establishment or portion thereof to which the general
public is invited on the same premises by a continuous wall that does
not allow access between such business establishments, except for
access during emergencies or access by employees and service personnel;
and/or
(3)
The eating and/or drinking establishment is located on a separate floor or story from any other business establishment or portion thereof to which the general public is invited on the same premises, and the access to the eating and/or drinking establishment is designed in a manner that discourages the commingling of patrons of the establishments. Compliance with this Subsection A(3) shall be determined by the Planning Board, Board of Adjustment or Zoning Officer, as applicable.
B.
ALCOHOLIC BEVERAGE
BUILDING
EATING AND/OR DRINKING ESTABLISHMENT
PREMISES
For purposes of administering this provision, the following definitions
shall apply:
Any fluid or solid capable of being converted into a fluid,
suitable for human consumption, and having an alcohol content of more
than 1/2 of 1% by volume, including alcohol, beer, lager beer, ale,
porter, naturally fermented wine, treated wine, blended wine, fortified
wine, sparkling wine, distilled liquors, blended distilled liquors
and any brewed, fermented or distilled liquors fit for use for beverage
purposes or any mixture of the same, and fruit juices.
A structure of which premises are or may be a part, including
all rooms, cellars, outbuildings, passageways, closets, vaults, yards,
attics, and every part of the structure of which the premises are
a part, and of any other structure to which there is a common means
of access, and any other appurtenances.
A retail establishment selling food and/or drink for consumption
on the premises, including but not limited to restaurants, bars, taverns,
and uses such as hotels selling food and/or drink incidental thereto
as an accommodation to patrons; but excluding any grocery, delicatessen,
drug store or other establishment where mercantile business is carried
on, except as may be specifically provided otherwise by the New Jersey
Alcoholic Beverage Control Act, N.J.S.A. 33:1-1 et seq.
The physical place at which an establishment sells or serves
alcoholic beverages, but not including vehicular transportation.
Wherever the Board of Adjustment grants a use
variance as hereinafter permitted, said variance must meet all height
and yard requirements of the zone district containing said variance
or whichever is the more restrictive of the zones involved in the
use variance.
[Amended 2-8-2007 by Ord. No. 2-07; 9-13-2018 by Ord. No. 19-2018]
A.
Where a lot is bounded by more than one street, each area fronting
on a street shall be considered a front yard, and all front yard requirements
of this chapter shall be met, except as specifically provided otherwise
by this chapter. For purposes of this requirement, the right-of-way
of Interstate Route 24, Route 178 and Route 287 shall not be considered
a street unless such right-of-way is permitted to be used for access
to the property by motor vehicles.
B.
Corner lots and through lots shall comply with the minimum lot width
requirements on all abutting streets.
C.
All lots, including interior lots, corner lots or through lots, shall
have a frontage of at least 50 feet on all abutting streets, except
as may be specifically provided otherwise by this chapter.
[Amended 4-13-2023 by Ord. No. 10-2023]
Temporary permits may be authorized by the Building
Inspector for a specified period not to exceed one year for nonconforming
uses incidental to construction projects on the same premises, including
such uses as the storage of building supplies and machinery, the assembly
of building materials and a real estate office located on the tract
offered for sale, provided that the issuance of such permits shall
be conditional upon bonded agreement by the owner to remove any structure
or structures erected thereunder and/or to discontinue such uses upon
expiration of permit.
The control and regulation of the uses of buildings
and structures as herein provided shall equally apply to the nature
and extent of the use of the land.
[Amended 4-23-1987 by Ord. No. 7-87; 2-23-1989 by Ord. No.
1-89; 11-13-2003 by Ord. No. 23-2003; 3-11-2010 by Ord. No. 8-10; 9-12-2013 by Ord. No. 17-13; 10-9-2014 by Ord. No. 38-14; 9-13-2018 by Ord. No. 17-2018]
The following regulations shall apply to the placement of any
object(s), material(s), equipment, vehicles or merchandise outside
the confines of a building, unless specifically provided otherwise
by this chapter or by other applicable law, rule or regulation:
A.
Outdoor storage accessory to nonresidential uses. Outdoor storage
accessory to nonresidential uses shall be subject to the following
regulations:
(1)
Outdoor storage is only permitted as an accessory use to a use
conducted in the principal building on the lot.
(2)
Outdoor storage on a lot that does not contain a principal building
is prohibited.
(3)
Where outdoor storage is permitted, no article or material shall be kept, stored or displayed outside the confines of a building unless the same is reasonably screened by a building, wall or fence designed in accordance with § 166-138.2, plant material, berm, building or other manner, as depicted on a site plan approved by the Planning Board. The intent of such screening is to minimize the view of such storage from any adjacent property or public street. The following shall be excluded from the foregoing screening requirement:
(4)
Any fence or wall required to screen the outdoor storage as
herein regulated shall have a height not exceeding six feet; provided,
however, that the Planning Board may permit a wall or fence with a
height of eight feet if the same is necessary to provide adequate
screening of the outdoor storage; provided, however, that any wall
or fence with a height exceeding six feet shall be set back at least
five feet from any property line and supplemental plantings may be
required by the Board to reduce the visual impact of the taller wall
or fence. No wall or fence used to screen outdoor storage shall be
permitted in any front yard.
(5)
Outdoor storage as herein regulated is only permitted to be
located in the side and rear yards; provided that the following activities,
when permitted by this chapter, may be located in the front yard,
as depicted on a site plan approved by the Planning Board:
(a)
The parking of passenger vehicles in designated parking spaces
and used by employees and patrons;
(b)
The storage and display of vehicles for sale by automobile sales
dealerships in the same locations as permitted for parking of passenger
vehicles in the front yard; and
(c)
The display of merchandise for sale or rent when permitted by
this chapter.
(6)
Outdoor storage of any hazardous, toxic or corrosive substances,
as defined in regulations promulgated by the United States Environmental
Protection Agency or the New Jersey Department of Environmental Protection,
is prohibited.
(7)
The overnight parking or storage of vehicles, other than passenger
vehicles and small vans, accessory to a permitted nonresidential use
on-site shall be located in a specific area in the side and/or rear
yard(s) delineated on a site plan approved by the Planning Board and
shall be situated to mitigate the visual adverse impact of said overnight
storage upon abutting streets and residential properties and residential
zones.
(8)
No outdoor storage shall be located in a manner that would obstruct
or interfere with the movement of vehicles and pedestrians, including
but not limited to passenger vehicles, delivery and shipping trucks,
fire trucks, garbage trucks, as depicted on the approved site plan.
(9)
No outdoor storage shall be permitted to be located within designated
parking or loading spaces; such spaces shall be limited to use on
a short-term basis for parking and loading operations as depicted
on an approved site plan.
(10)
No outdoor storage shall be located or stored in a manner that
could reasonably be expected to result in littering, spillage or leakage
of material; dispersion of materials by wind, rain, floodwater or
animals; creation of offensive odors; creation of fire or explosion
hazards; contamination of air, soil or water; or other similar adverse
effects.
(11)
Outdoor storage shall be placed on a suitable surface such as
pavement, crushed stone or other suitable material, and not on bare
earth, grass, mulch or other similar surface.
B.
Outdoor storage accessory to residential uses. Outdoor storage accessory
to residential uses shall be subject to the following regulations:
(1)
The storage of any article in the front yard shall be limited to the following motor vehicles used on a daily basis by the residents of the dwelling on-site: noncommercial automobiles, pickup trucks and vans. Said motor vehicles, as herein regulated, are permitted to be parked in the driveway and garage as regulated in § 166-154.
[Amended 12-13-2018 by Ord. No. 37-18]
(a)
For the purpose of administering this section, a "commercial
vehicle" shall be defined as one that has painted or installed thereon
a sign or logo or one that contains any visual evidence of said vehicle
being used for commercial purposes.
(b)
The maximum length of a van as permitted shall be 20 feet.
(c)
The maximum length of the box in a pickup truck as permitted
shall be eight feet.
(2)
Outdoor storage of any article in the side yard shall be limited to any use permitted in Subsection B(1) above as well as one commercial pickup truck or van, one boat not to exceed 25 feet in length, exclusive of the accompanying boat trailer, one recreation vehicle, one camper, one camper-trailer and one mobile home not to exceed 25 feet in length. Any article stored in the side yard of any residential zone shall not be permitted closer to the side lot line than a distance that is equal to the height of said article; provided, however, that said article need not be set back from the side line a distance greater than the side yard setback requirement for a principal building on the same lot. Nothing contained herein shall be construed to prohibit any use permitted in the side yard from being stored in a garage.
(3)
(Reserved)
(5)
Outdoor storage of any hazardous, toxic or corrosive substances,
as defined in regulations promulgated by the United States Environmental
Protection Agency or the New Jersey Department of Environmental Protection,
is prohibited.
[Added 7-11-2013 by Ord.
No. 19-13]
The following requirements shall apply to aboveground storage
tanks located outside a principal building:
A.
Aboveground storage tanks and processing tanks shall only be permitted
as an accessory use and structure for permitted principal uses.
B.
Such tanks shall be permitted with capacities up to 2,500 gallons.
This capacity shall be cumulative for all such tanks on the property.
C.
Such tanks shall be prohibited in the front yard.
D.
Adequate containment shall be provided in the event of fuel spills
or leakage, as determined by the Township Engineer.
E.
Where permitted, such tanks having a capacity greater than 1,000
gallons shall be screened from the view of public streets and adjacent
properties.
[Amended 12-13-2001 by Ord. No. 18-2001]
A.
When required. Unless specifically regulated otherwise
by this chapter, there shall be provided a buffer as required by this
section:
[Amended 2-26-2009 by Ord. No. 5-09; 12-13-2012 by Ord. No. 23-12]
(1)
Where
a nonresidential zone district abuts a residential zone district;
(2)
Where a multifamily residential zone district or the R-10A District
abuts a property in a single-family residential zone district and
the property is vacant or developed with a single-family or two-family
dwelling;
[Amended 9-12-2013 by Ord. No. 17-13]
(3)
Where a nonresidential development in the OB-RL, OB-DS, I, I-2,
or I-P District abuts a public street, excluding State Highway Route
24 and Interstate Route 287;
[Amended 12-14-2017 by Ord. No. 26-2017]
(4)
When
no highway barriers are present, where a residential zone district
abuts the existing roadway of State Highway Route 24 or Interstate
Route 287, excluding any on-ramp, off-ramp or on/off-ramp for such
roadways;
(5)
Where
a public use zone district is developed into an active recreational
area in which the ball fields, play areas, or ancillary parking lots
are located within 100 feet of a residential zone district; and
(6)
Where a nonresidential development in the OB-RL, OB-DS, I, I-2,
or I-P District abuts a Public Use (PU) Zone District or public park.
[Amended 12-14-2017 by Ord. No. 26-2017]
(7)
Where a nonresidential development in the O-S District abuts
a public street, the opposite side of which street is located in a
residential zone district.
[Added 6-13-2019 by Ord.
No. 24-19]
B.
Location. Buffers shall be located in accordance with
the following requirements:
(1)
In the case of buffers between zone districts required by § 166-125A(1) and (2), the buffer area shall be located in the nonresidential zone district, or when the abutting properties are both residential, in the multifamily residential zone district. In both situations, the buffer shall be adjacent to the single-family residential zone boundary.
(2)
In the case of buffer areas between a zone district and a public street, road, or highway, freeway or the existing roadway of State Highway Route 24 or Interstate Route 287, as required by § 166-125A(3), (4) and (7), the buffer area shall be located within the zone district of the property being developed. The buffers shall be located adjacent to the street or highway right-of-way line; provided, however, that the Planning Board or Board of Adjustment may require the buffer to be set back from the street or highway right-of-way line if no reasonable alternative exists due to sight distance requirements, utility easements, existing or anticipated pedestrian sidewalks, walkways, and sidewalk medians, anticipated road widening or expansion, steep slopes, and similar conditions.
[Amended 6-13-2019 by Ord. No. 24-19]
(3)
In the case of a buffer area between a residential zone district and an active recreational area in a public use zone district as required by § 166-125A(5), the buffer area shall be located within the public use zone, adjacent to the residential zone boundary.
(4)
In the case of a buffer area between a nonresidential development and a public use zone or public park as required by § 166-125A(6), the buffer area shall be located in the nonresidential zone district, adjacent to the public use zone or park boundary.
C.
Buffer depths. Buffer depths shall be established
in accordance with the following requirements:
(1)
Minimum depth of a buffer adjacent to residential zone districts. The minimum depth of the buffer adjacent to residential zone districts required by § 166-125A(1) and (2) shall be as set forth in the following table. The buffer depth shall be measured from and perpendicular to the property line of the property located in the zone within which the buffer is required.
[Amended 11-14-2002 by Ord. No. 25-2002; 3-11-2004 by Ord. No. 3-2004; 12-14-2006 by Ord. No. 31-2006; 9-12-2013 by Ord. No. 17-13; 12-14-2017 by Ord. No. 26-2017; 6-13-2019 by Ord. No.
24-19]
|
Zone District
|
Minimum Buffer Depth
(feet)
|
|---|---|
|
R-10A
|
10
|
|
R-M, RM-2, RM-3
|
20
|
|
B, B-10, B-P2
|
25
|
|
D-S
|
50
|
|
O-S, OB-RL, I, I-2, I-P and PU
|
5 for each acre of lot area, excluding from said lot area any
state open waters, wetlands and wetland transition areas to remain
after development, as approved by the New Jersey Department of Environmental
Protection, provided that no buffer shall have a depth of less than
50 feet, and no buffer shall be required to have a depth that exceeds
150 feet
|
(2)
Minimum depth of a buffer between nonresidential development and public streets and roads, excluding State Highway Route 24 and Interstate Route 287. The minimum depth of the buffer between nonresidential development in the O-S, OB-RL, OB-DS, I, I-2, or I-P District and public streets as required by § 166-125A(3) and (7) shall be five feet for each acre of lot, excluding from said lot area any state open waters, wetlands and wetland transition areas, and conservation easements to remain after development, as approved by the New Jersey Department of Environmental Protection, provided that no buffer shall have a depth of less than 25 feet, and no buffer shall be required to have a depth that exceeds the depth of the minimum required front yard for principal buildings in the applicable zone district. The buffer depth shall be measured perpendicular to the front lot line of the property within which the buffer is required and shall be measured from the front lot line or between the shallowest front and rear boundaries of the buffer area.
[Amended 12-13-2012 by Ord. No. 23-12; 12-14-2017 by Ord. No. 26-2017; 6-13-2019 by Ord. No. 24-19]
(3)
Minimum depth of a buffer between residential development and the existing roadway of State Highway Route 24 or Interstate Route 287, where no highway barriers are present, as required by § 166-125A(4). The minimum depth of the buffer between residential development and State Highway Route 24 or Interstate Route 287 or ramp shall be 30 feet. The buffer depth shall be measured from and perpendicular to the property line of the residential zone district. The buffer shall be in addition to the yard setback requirements.
(4)
Minimum depth of a buffer between a residential zone district and a public use zone district where an active recreational area, ball field, or play area is located. The minimum depth of a buffer between a residential zone district and a public use zone district containing an active recreational area, ball field, or play area, as required by § 166-125A(5), shall be 25 feet. The buffer depth shall be measured from and perpendicular to the property line of the public use zone district.
(5)
Minimum depth of buffer between a nonresidential development in the OB-RL, I, I-2, or I-P District and a public use zone district or public park. The minimum depth of a buffer between a nonresidential development in the OB-RL, I, I-2, or I-P District and a public use zone district or public park, as required by § 166-125A(6), shall be 25 feet. The buffer depth shall be measured from and perpendicular to the property line of the nonresidential zone district.
[Amended 12-13-2012 by Ord. No. 23-12; 12-14-2017 by Ord. No. 26-2017]
D.
Preservation of existing vegetation. Within the buffer,
all existing trees, shrubs, ground cover and other vegetation shall
be preserved. Areas to be preserved shall be identified on the site
and/or subdivision plans, and such plans shall include measures to
protect existing vegetation during construction through the use of
fencing and by prohibiting the use or storage of construction equipment,
materials, soil or debris within the buffer area, etc. Notwithstanding
the foregoing, existing vegetation within a required buffer area may
be disturbed under the following circumstances. The following disturbance
exceptions shall not be construed to permit within the buffer any
buildings, parking or loading areas, driveways or other paved areas,
walls, retaining walls, or any storage of materials or equipment,
except as permitted herein.
[Amended 12-13-2012 by Ord. No. 23-12; 10-9-2014 by Ord. No. 38-14]
(1)
Existing vegetation may be disturbed when certain
trees or other vegetation pose a hazard to human life or property,
or must be removed for driveways necessary to provide direct access
to public streets, for utilities or other such infrastructure necessary
for the development, provided that there is no reasonable alternative
to locating such utilities or infrastructure within the buffer area
and to such disturbance of the existing vegetation, all as determined
by the Planning Board or Board of Adjustment.
(2)
Existing vegetation may be disturbed in areas
within a required buffer area that are obviously disturbed by prior
human activity and/or which do not presently function as a buffer,
such as but not limited to paved areas, lawn areas, etc., and when
such disturbance is necessary to improve and enhance the function
of the buffer area, all as determined by the Planning Board or Board
of Adjustment.
(3)
Existing vegetation may be disturbed in up to
20% of the required depth of a buffer area that presently contains
vegetation that functions as a buffer, provided that such disturbance
is for the construction of berms and/or the installation of landscape
plantings to supplement and enhance the buffer, as determined by the
Planning Board or Board of Adjustment.
(4)
Only within the required buffer between nonresidential development and public streets and roads, excluding State Highway Route 24 and Interstate 287 in the O-S, OB-RL, OB-DS, I, I-2, or I-P District as required by § 166-125A(3) and (7), noxious or invasive vegetation may be removed, including, for example, vines that could damage or weaken other vegetation, invasive weeds or nonnative trees that could excessively compete with other vegetation for light, moisture and nutrients, poison ivy, etc. Notwithstanding the foregoing, such buffer areas, as well as all other required buffer areas, shall be maintained to function as a natural woodland and shall retain canopy trees, understory trees, shrubs, ground covers and other low-growing natural plant material, except as permitted otherwise herein. The planting of grass and the placement of mulch, except for a natural leaf mulch, within all required buffers is also prohibited.
[Amended 12-14-2017 by Ord. No. 26-2017; 6-13-2019 by Ord. No. 24-19]
E.
Buffers shall be designed to provide an effective visual screen of the property being developed from the adjoining residential zone and/or street or highway, as applicable, during all seasons of the year. If the existing vegetation within a required buffer area is not sufficient to provide an effective visual screen, additional supplemental plantings shall be provided sufficient to provide such screen. Such supplemental measures shall be provided in addition to existing trees and other vegetation within the buffer area, as determined by the Planning Board or Board of Adjustment. If such supplemental measures cannot be provided within the buffer area without violating the provisions of Subsection D above, then any additional plantings and/or berms necessary to provide such screen shall be located outside of the buffer area, located and designed as determined by the Planning Board or Board of Adjustment. Notwithstanding the foregoing, the following areas within a required buffer shall not be required to be screened:
(1)
In the case of buffers between zone districts,
reasonable areas for easements for utilities, storm drainage pipes
or other such infrastructure necessary for the development may be
waived, provided that there is no reasonable alternative to locating
such utilities, pipes or infrastructure within the buffer area, or
no reasonable alternatives to eliminating screen plantings and/or
berms in such areas, all as determined by the Planning Board or Board
of Adjustment.
(2)
Only in the case of buffers between nonresidential
development and public streets, excluding State Highway Route 24 and
Interstate 287, up to 50% of the length the buffer may be waived for
driveways necessary to provide direct access to public streets and/or
for views into and out of the site, provided there is no reasonable
alternative to such driveways and/or views, as determined by the Planning
Board or Board of Adjustment. This shall not be construed to permit
waiver of buffer screening for the construction of parking areas,
loading areas, detention basins, grading or other development except
as may be specifically permitted by this section.
[Amended 10-9-2014 by Ord. No. 38-14]
A.
On any corner lot, no fence, structure or planting shall be erected
or maintained in a manner that would interfere with appropriate sight
distance at the intersection of streets. The sight triangles at intersections
shall be in accordance with ASSHTO's A Policy on Geometric Design
of Highways and Streets, and based upon the speed limits established
for the intersecting streets. Prior to the issuance of any permit
in the front yard of a corner lot, the permitting agency or official,
as the case may be, shall refer the permit application to the Township
Engineer for a determination of the appropriate sight triangle.
B.
All such structures or plantings of trees and shrubs on all lots,
including both corner lots and interior lots, shall be located on
private property at least two feet from the street right-of-way.
The conversion of existing structures to a use
permitted in the zone in which said structures fall will be regulated
the same as a new structure constructed in said zone district.
Vending machines and telephone booths are permitted
outside the confines of a building as a permitted structure only if
all of the following requirements are complied with:
A.
Said machines are an accessory use to an existing
principal use on the property.
B.
Said vending machines are located in the B, B-10, B-10W, WC or D-S Zones. Said telephone booths are located in the B, B-10, WC, I-P, OB-RL, OB-DS or D-S Zones. Telephone booths are also permitted on lands developed for Township parks or schools within the residence zones, notwithstanding the provisions of Subsection C below.
[Amended 6-8-1995 by Ord. No. 16-95; 2-26-2009 by Ord. No.
5-09; 12-13-2012 by Ord. No. 23-12; 12-14-2017 by Ord. No. 26-2017; 4-13-2023 by Ord. No. 10-2023]
C.
Said machines shall meet the front, side and rear
yard setback requirements of the zone in which they are located.
D.
Said machines shall have not more than one sign advertising
only the products or services rendered. Said sign shall not exceed
a total of two square feet for the first two machines installed, plus
two additional square feet of sign area for each additional machine
installed over the first two machines, but in no instance more than
six square feet of sign area. Said sign may be lighted or unlighted
but shall not direct light toward neighboring residences and shall
not be of a flashing or moving nature.
E.
All such machines shall be located in areas physically
separated from parking areas, drives or streets by curbing, railing,
concrete platform or other similar means acceptable to the Planning
Board, which shall provide at least five feet of separation from such
parking area, drive or street.
F.
Site plan approval by the Planning Board shall be
obtained prior to the installation of any such machine. However, the
procedure for site plan approval shall be modified as follows: For
one or two machines occupying not more than 18 square feet, the fee
for site plan approval will be waived, and, in lieu of a formal site
plan, a pencil sketch clearly indicating that the above requirements
have been met will be accepted for consideration by the Planning Board.
G.
The maintenance of all machines and telephone booths
or public telephones permitted outside the confines of a building
shall be in accordance with applicable Township ordinances. One public
telephone is permitted outside the confines of a building as a permitted
structure only if all the following provisions are complied with:
[Amended 7-9-1987 by Ord. No. 22-87]
(1)
Said telephones are located in the B, B-10, WC, D-S, I-P, OB-RL and OB-DS Zones. Telephone booths or public telephones are also permitted on lands developed for Township parks or schools within the residence zones, notwithstanding the provisions of Subsection G(3) below.
[Amended 6-8-1995 by Ord. No. 16-95; 2-26-2009 by Ord. No.
5-09; 12-13-2012 by Ord. No. 23-12; 12-14-2017 by Ord. No. 26-2017]
(2)
Said telephone booths are not closer than 25
feet to the front street right-of-way line.
(3)
All telephone booths shall be at least 2,500
feet, measured by the shortest distance in a straight line, from any
other outdoor telephone booth; provided, however, that where there
is a center street barrier, the two-thousand-five-hundred-foot distance
shall be measured on the same side of the street.
(4)
Said telephone booth shall have not more than
one sign advertising the product or service on each side, each such
sign to be not larger in area than two square feet.
[Amended 12-22-1993 by Ord. No. 36-93; 10-26-2000 by Ord. No.
14-2000; 12-13-2012 by Ord. No. 23-12; 9-26-2013 by Ord. No. 18-13]
There shall be no ingress or egress to any business, industrial
or other similar nonresidential use as permitted in any nonresidential
zone district from any local street as set forth on the Township Master
Plan, unless no feasible alternative means of access is available
or unless such access improves traffic flow or traffic safety, while
minimizing negative impacts to area residents, as determined by the
Planning Board or Board of Adjustment as part of any required development
application review. No driveway access for ingress and egress shall
be permitted to any nonresidential use in any of the aforementioned
nonresidential zones through a residentially zoned lot or part thereof
where said lot abuts a public street.
The maximum slope in any nonresidential zone
adjacent to any residential zone district boundary line shall not
exceed 20% unless the natural existing slope is greater. This restriction
should extend for a distance of not less than 100 feet from any residential
zone district boundary line. If the natural existing slope is greater
than 20%, it may not be increased beyond the existing grade in any
manner whatsoever.
[Added 2-11-2021 by Ord.
No. 3-2021]
Any development which meets the definition of "major development" in § 166-104.1B shall be subject to the regulations in § 166-104.1, whether the development is required to obtain subdivision or site plan approval or not. Any applications for permits or other required approvals shall be required to submit the same information required for major developments in § 166-82 and § 166-83 as part of any permits or other required applications.
[Amended 12-13-2001 by Ord. No. 18-2001; 12-19-2011 by Ord. No.
30-11]
A.
Purpose and objectives. The purposes and objectives of this section
are to regulate the use and development of land in order to protect
existing trees, and to provide for appropriate removal and the planting
of trees. More specifically, this section is intended to:
(1)
Encourage and promote sustainable design and development;
(2)
Provide, maintain and enhance the environmental and other benefits
provided by trees, including but not limited to those benefits related
to air, water and soil quality; wildlife habitat preservation and
restoration; stormwater control and esthetic qualities;
(3)
Avoid the environmental and other detriments resulting from
the excessive and inappropriate removal of and damage to trees and
the inadequate and improper planting of trees;
(4)
Promote the planting of trees on sites that have formerly been
cleared of trees; and
(5)
Allow and encourage the reasonable and appropriate use and development
of land.
B.
Applicability; exceptions. This Section shall apply to all use and
development of land in the Township unless superseded by other law;
provided, however, that the following shall be exempt from this section:
(1)
Use and development by the Township of Hanover and other governmental
agencies which are generally exempted from municipal zoning regulations,
including but not limited to the Board of Education.
(2)
Pruning or removal of trees by utility companies related to
the maintenance of utility wires, pipelines and related structures.
C.
Applicability to prior approvals. The following provisions shall
govern development applications involving tree removal that were filed
or approved prior to the effective date of Ordinance No. 22-13:
[Amended 8-23-2012 by Ord. No. 19-12; 2-14-2013 by Ord. No. 3-13; 8-8-2013 by Ord. No. 22-13]
(1)
Development activities and approvals for which the required
payment in lieu of replanting has been made or for which a final certificate
of occupancy has been issued prior to the effective date of Ordinance
No. 22-13 shall continue to be subject to regulations in effect at
the time of the approval.
(2)
Developments which have received approvals for tree removal
and/or planting prior to the effective date of Ordinance No. 22-13,
but for which neither a payment in lieu of replanting has been made
nor a final certificate of occupancy has been issued, shall have the
option to comply with the terms of the prior approval or to comply
with the regulations of this section, subject to the following:
(a)
The developer shall be required to comply completely with the
requirements of either the prior approval or of this section.
(b)
If the developer chooses to comply with this section, and such
option results in different tree removals or plantings than under
the prior approval, the developer shall be required to obtain amended
approval.
(c)
If the developer chooses to comply with this section, the developer
shall not be entitled to a refund of application fees or other payments
made under any prior approvals or to a waiver of any fees or other
payments required for any amended approvals.
D.
Prohibited activities. The following activities shall be prohibited:
[Amended 8-23-2012 by Ord. No. 19-12; 2-14-2013 by Ord. No. 3-13]
(1)
Removal of or damage to trees within any riparian zone or area of steep slopes, as defined by this chapter, except for: 1) tree removal necessary to protect the public health, safety or welfare, such as but not limited to necessary linear development for access or utilities when no feasible alternative exists to such disturbance; 2) tree removal that provides an environmental benefit, such as but not limited to remediation of a contaminated site; and 3) the removal of dead, dying, diseased or hazardous trees, after prior approval as required by § 166-131E.
(2)
Removal of or damage to trees within any freshwater wetland
or freshwater wetland transition area, except as permitted by the
N.J. Department of Environmental Protection rules governing freshwater
wetlands.
E.
Approval required for tree removal. Prior approval shall be required for the following tree removal activities in accordance with the procedures set forth in Subsection F below:
[Amended 8-23-2012 by Ord. No. 19-12]
(1)
Removal of trees, living or dead, with a DBH of at least six
inches.
[Amended 2-14-2013 by Ord. No. 3-13]
(3)
Removal of trees of any size shown to be preserved or planted
as part of a currently valid site plan, subdivision or variance application.
(4)
Removal of trees of any size shown to be preserved or planted
as part of a currently valid tree removal permit.
F.
Tree removal application, review and appeal procedures. The following
procedures shall apply to development applications seeking approval
to remove regulated trees:
(1)
Developments that require site plan, subdivision, variance or
related approvals from the Planning Board or Board of Adjustment.
Applicants proposing tree removal for developments that require site
plan, subdivision, variance or other approvals from the Planning Board
or Board of Adjustment as required by this chapter, the Municipal
Land Use Law (N.J.S.A. 40:55D-1 et seq.) or other applicable law shall
be required to obtain the prior approval of the board having jurisdiction
over the application. The review and decision on the requested tree
removal shall be processed as part of the overall development application.
All of the laws, rules and regulations applicable to such development
applications shall also apply to the tree removal application.
G.
Tree preservation, removal and planting requirements. This subsection sets forth requirements for tree preservation, tree removal and tree planting. When existing trees are removed, replacement trees are required to be planted in accordance with Subsection G(1) below. The planting of trees is also required when properties are developed or redeveloped, when such properties have fewer trees than required, even when no tree removal is proposed, in accordance with Subsection G(2) below. Subsection G(3), (4), (5) and (6) below contains supplemental provisions.
[Amended 8-23-2012 by Ord. No. 19-12; 2-14-2013 by Ord. No. 3-13; 8-8-2013 by Ord. No. 22-13; 12-14-2017 by Ord. No. 26-2017]
(1)
Tree removal and replacement. For each living regulated tree, or for each trunk of a multiple trunk regulated tree, having a DBH of at least six inches, the following number of replacement trees shall be required to be planted on site and/or planted in another location within the Township in accordance with § 166-131G(6), and/or a payment in lieu made in accordance with § 166-131G(5):
(a)
Invasive trees. Removal of the following invasive species may be permitted, without any replacement requirement, in circumstances where such trees are determined by the Township Arborist to present a threat to more desirable tree species in the vicinity or to otherwise pose a threat to the public health, safety and welfare, but only if such removal would not violate the provisions of Subsection G(2) below and if such removal is not otherwise prohibited by this chapter or by any current development approval in effect. Any such removal shall be required to obtain a tree removal permit in accordance with § 166-131F.
|
Black Locust - Robinia pseudoacacia
|
|
Mazzard/Sweet Cherry - Prunus avium
|
|
Norway Maple - Acer platanoides
|
|
Tree of Heaven - Ailanthus altissima
|
|
Autumn Olive - Eleagnus umbellata
|
(b)
One tree of any species may be removed on each lot during any calendar year without any replacement requirement, but only if such removal would not violate the provisions of Subsection G(2) below and if such removal is not otherwise prohibited by this chapter or by any current development approval in effect. Any such removal shall be required to obtain a tree removal permit in accordance with § 166-131F.
(c)
Replacements for first 10 tree removals. Excluding the removals permitted by Subsection G(1)(a) and (b) above, one replacement tree shall be required for each of the first 10 trees removed on any lot, regardless of the tree DBH, subject to the limitation in Subsection G(1)(e) below. This replacement ratio shall only apply to the first 10 trees removed from the property, not to each tree removal event. After 10 trees have been removed from the property, the replacement ratios in Subsection G(1)(d) below shall apply.
(d)
Excluding the tree removals regulated by Subsection G(1)(a), (b) and (c) above, the following number of replacement trees shall be required to be planted on the property for each tree removed, subject to the limitation in Subsection G(1)(e) below:
|
DBH of Removed Trees
(inches)
|
Required Number of Replacement Trees
|
|---|---|
|
6 to 11.99
|
1
|
|
12 to 23.99
|
3
|
|
24 to 35.99
|
5
|
|
36 or greater
|
7
|
(f)
Any trees planted to address the obligation in § 166-131G(2) shall be credited against this obligation.
(2)
Minimum tree preservation, replacement and planting ratios.
(a)
There shall be maintained on every lot a minimum number of trees
in accordance with the following table. Such trees shall include all
trees within the planting area of the lot which are to be preserved,
replaced and planted.
|
Land Use Category
|
Minimum Tree Preservation/Planting Ratio
|
|---|---|
|
Single-family detached or two-family residential
|
1 tree per 3,000 square feet planting area on the lot
|
|
Other
|
1 tree per 750 square feet planting area on the lot
|
(b)
In administering this requirement, the following shall apply:
[1]
For purposes of administering this requirement, "planting area"
shall mean the area within which trees may reasonably be preserved
and/or planted after completion of the development. The term "planting
area" shall specifically exclude the following:
[a]
Areas covered by buildings.
[b]
The area of contaminated soils or groundwater where
tree planting is prohibited.
[c]
Areas covered by pavement, and curbing.
[d]
Stormwater detention basins, retention basins or
subsurface stormwater retention or recharge structures.
[e]
Areas needed to provide exposure to the sun for
photovoltaic panels used to produce electricity, where trees would
unreasonably interfere with such exposure as determined by the board
having jurisdiction or the Township Engineer, as applicable.
[f]
Areas designed and used for athletic fields and
any team or spectator seating areas for such fields.
[g]
Easements restricted for access, utilities, drainage
and roadway sight distance. In cases where such easements are general
in location and/or not limited to only those areas actually needed
for such functions, the areal extent of the exclusion shall be determined
by the Township Engineer.
[h]
Areas within the limits of disturbance which have
been disturbed solely for the purpose of removing existing structures
and which are not proposed to be redeveloped as part of a proposed
development application. This exclusion shall expire for such areas,
or portions of such areas, at such time that they are proposed for
development in a development application, provided the application
is approved and the development actually occurs.
[i]
Areas within the limits of disturbance identified
on the currently approved plans as part of a future phase of development,
and which are not proposed to be developed until such future phase
is developed. This exclusion shall expire for such areas, or portions
of such areas, at such time that they are proposed for development
in a development application, provided the application is approved
and the development actually occurs.
[2]
Replacement trees planted or for which a payment has been made in accordance with § 166-131G(1) shall be credited against this obligation.
[3]
In cases where development is proposed on an existing property that contains fewer trees than required by this Subsection G(2), the required number of trees to be planted for the proposed development shall be calculated using the planting area of the development, not the planting area of the entire lot. For purposes of administering this provision, the "area of the development" shall mean the area within the limits of disturbance, plus the area within the drip line of trees to be removed located outside the limits of disturbance.
(4)
Credits for sustainable development. In order to encourage development of sustainable buildings, credit against tree replacement and planting obligations in § 166-131G(1) and (2) above shall be given for buildings that achieve various LEED ratings, as follows:
|
LEED Rating
|
Tree Planting Credit
|
|---|---|
|
Certified
|
15% of requirement
|
|
Silver
|
25% of requirement
|
|
Gold
|
35% of requirement
|
|
Platinum
|
50% of requirement
|
(a)
The requirement against which credit is calculated shall be
only that tree planting requirement related to the construction of
a LEED-rated building or buildings. Thus, in a development with one
LEED-rated building and one non-LEED-rated building, the credit will
be calculated as the LEED-rated building's portion of the total site
gross floor area multiplied by the tree planting credit.
(b)
Applicants seeking to obtain tree planting credits for LEED-certified
buildings shall be required to deposit a cash amount with the Township
equal to the cost of any trees for which credit is sought, at a cost
of $400 per tree. The cash amount shall be deposited prior to the
issuance of building permits. Thereafter, if the projected LEED certification
is achieved, the Township shall refund all or a portion of the deposit,
depending upon the level of LEED certification actually achieved.
No refund of such deposit shall be made for LEED certifications obtained
more than two years after issuance of any certificate of occupancy
for the building.
(5)
Payments in lieu of required tree planting. If the developer demonstrates to the reviewing authority that the subject property is not reasonably able to preserve and/or plant the number of trees required by this section, then the developer shall be required to make a payment in lieu of planting the number of trees to address the deficiency and/or to plant trees in off-site locations in accordance with Subsection G(6) below. The following shall apply to such payments:
(a)
The amount of such payment shall be $400 per tree.
(b)
If the developer demonstrates that the number of trees to be replaced by § 166-131G(1) and the number of trees to be preserved and planted within the limits of disturbance by § 166-131G(2) are together at least 75% of the minimum required, then no payment in lieu of planting trees shall be required in excess of 5% of the total cost of site improvements for the development, excluding building costs, soft costs and land acquisition costs.
(6)
Planting of replacement trees in off-site locations. If the
developer demonstrates to the reviewing authority that the subject
property is not reasonably able to preserve and/or plant the number
of trees required by this section, then the developer may be permitted
to plant replacement trees in other locations within the Township,
subject to the following:
(a)
In the event that the development is not part of an application
that requires site plan, subdivision or variance approval from the
Planning Board or Board of Adjustment, the reviewing official or agency
shall refer the off-site tree replacement plan to the Planning Board
for review and comment prior to the issuance of any tree removal permit.
(b)
The developer shall demonstrate that location proposed for the
planting of such trees is suitable for the future growth of such trees,
taking into account such factors as the amount of available sunlight,
soil conditions, moisture conditions, legal requirements, potential
conflicts with existing or planned uses, structures or trees in the
same or nearby locations, etc.
(c)
The developer shall demonstrate that such trees will be preserved
and maintained, or if removed in the future, that such trees will
be replaced in equal amounts.
H.
Design guidelines and construction specifications.
(1)
Tree preservation and removal. The following requirements shall
apply to tree preservation and removal activities:
(a)
When determined necessary by the Township Engineer, the tree
protection zones (TPZ) shown on the replacement plan shall be fully
established prior to the permitted removal of trees and shall be defined
by snow fencing or other appropriate barrier firmly secured along
the dripline but not less than 10 feet from the trunk of trees to
be preserved; provided, however, that the Township Engineer may modify
the TPZ from these limits when warranted by site conditions.
(b)
The grade of the land located within the dripline limits shall
not be raised or lowered more than six inches unless compensated by
welling, retaining wall or other methods approved by the Township
Engineer; provided that no welling or retaining wall methods shall
be permitted within the TPZ except when warranted by site conditions
and approved by the Township Engineer.
(c)
No soil stockpiling, storage of building materials or equipment
operation shall be permitted within the dripline or within 10 feet,
whichever is greater, of any trees to remain; provided, however, that
the Township Engineer may modify the TPZ from these limits when warranted
by site conditions.
(d)
Any clearing within the drip line or within 10 feet of a remaining
tree, whichever is greater, must be done by hand or with hand-operated
equipment unless specifically approved by the Township Engineer.
[Amended 8-23-2012 by Ord. No. 19-12]
(e)
The topping, pollarding or other severe pruning of trees to remain shall be prohibited. When site development results in accidental removal or severe damage which will eventually result in the death or significant deterioration in the health of any tree shown on the replacement/planting plan to remain, the replacement requirements of § 166-131G(1) shall apply in the same manner as if the tree were originally proposed and approved for removal.
[Amended 8-23-2012 by Ord. No. 19-12; 2-14-2013 by Ord. No. 3-13]
(f)
All stumps, trunks, branches and similar tree parts shall be
appropriately removed and disposed in accordance with the law. Such
tree parts shall not be burned or buried within the Township.
(2)
Tree planting. The following requirements shall apply to the
planting of trees required pursuant to this section:
(a)
At least 1/3 of all trees required to be planted by this section,
but not less than one tree, shall be required to be of species native
to northern or central New Jersey and suitable for their intended
purpose(s). A list of approved native trees is available from the
Township Engineering Department.
(b)
Trees required to be planted by this section shall have a minimum
trunk caliper of 2 1/2 inches to three inches for deciduous trees
and a minimum height of seven feet for evergreen trees; provided,
however, that smaller trees may be permitted by the Township Engineer
or the board having jurisdiction, as applicable, on a case-by-case
basis where it is demonstrated that preferred native plant species
for the situation are not reasonably available at the required size
in the nursery trade.
(c)
At least 2/3 of the number of trees planted shall be deciduous.
(d)
Trees required to be planted shall be hardy for the area, well-adapted
to the soil PH, soil moisture, solar and wind exposure, and other
environmental factors present at the planting location, and shall
not be highly susceptible to damage from insects, disease or deer
browsing.
(e)
Trees required to be planted shall be properly planted and maintained
to ensure their survival for at least two years after issuance of
any certificate of occupancy or, in cases where no certificate of
occupancy is required, by other final approval of the site improvements.
Any such trees that do not survive or which exhibit poor growth or
plant stress shall be required to be replaced.
(f)
Trees to be planted shall not be planted within the drip line
of existing trees to remain.
[Added 8-8-2013 by Ord.
No. 22-13]
I.
Tree Fund Account; purpose and use.
(1)
In accordance with the dedication by rider approval granted
by the New Jersey Department of Community Affairs, Division of Local
Government Services, on June 17, 1999, the Tree Fund Account shall
serve as the depository for all moneys which are received by the Township,
either by way of contributions for the purpose of preserving or reforesting
trees within the Township and any and all fees and payments received
pursuant to Ordinance No. 30-11.
(2)
Funds deposited in the Tree Fund Account shall be used by the Township for the following functions and purposes: to advance environmental programs such as tree planting, tree maintenance, tree preservation, park development or landscaping and other comparable projects, including but not limited to providing for the caring, pruning and maintenance of trees, the replanting of trees, the reforestation of Township-owned parks and open space property, the replacement of shade trees, the beautification of municipally owned lands with trees and the purchase of lands which are already forested. Therefore, the moneys received and deposited into the Tree Fund Account as set forth in Subsection I(1) above can and shall be utilized for the purposes set forth in this Subsection I(2) at the discretion and the determination of the Township Committee and/or upon the recommendation of the Business Administrator/ Township Clerk.
[Amended 7-9-1987 by Ord. No. 22-87; 12-22-1993 by Ord. No.
36-93]
Mailboxes shall not be more than 23.5 inches
long overall and 13.5 inches in height overall, and no sign, decoration
or frame shall project beyond these limits. The sign or identification
marked on the side of the box shall not exceed 18 inches long and
two inches in height. All dimensions contained herein are exclusive
of the post or rail on which the mailbox is mounted, but no signs
or decorations may be located on said post, and it shall not exceed
six inches in any dimension except height. The height of all mailboxes
served from the street shall be as required by the United States Postal
Service. All mailboxes for multifamily housing developments shall
be approved by the Planning Board as part of site plan approval.
[Amended 12-13-2012 by Ord. No. 24-12]
Unless specifically provided otherwise by this
chapter, service equipment roof structures for nonresidential buildings,
such as air-conditioning equipment, elevator bulkheads and the like,
shall be so situated that they shall not be visible from a point six
feet above the ground level in any abutting residential zone or at
the center line of any abutting street. Any screening of said structures
shall be designed in a manner compatible with the architectural design
of the front facade of the building, as determined by the reviewing
agency.
A.
No trailer, motor home, camper or camp car shall be
used for residential purposes in the Township of Hanover.
B.
Notwithstanding Subsection A above, however, any person or persons may make application to the Zoning Officer of the Township of Hanover for a temporary permit to use as a dwelling or sleeping place a trailer, motor home, camp car or camper upon a showing by the applicant that his or her home has been partially destroyed by fire, flood or other casualty and is unfit for occupancy. If the Zoning Officer is satisfied that there is a necessity for the use of a trailer, motor home, camper or camp car as a dwelling or sleeping place during the period of time that the dwelling is, in fact, undergoing repairs or replacement, then, and in that case, the Zoning Officer may issue a permit for such use for a period of 90 days under such terms and conditions as he may see fit, including but not limited to the location of such unit on the premises or provisions for proper sanitary facilities: water, light, heat, safety and other considerations. If, after the period of 90 days, the dwelling unit has not been completely repaired or replaced and there is still a demonstrable and pressing need for the use of a unit for temporary housing, the applicant may appeal to the governing body for an additional temporary permit for such time as the Township Committee may approve, but not to exceed 90 days. At the expiration of the initial ninety-day period or the renewal period granted, the applicant shall immediately discontinue the use of that unit for temporary housing and shall remove the same from the premises in question or otherwise park or store the unit in accordance with the terms of § 166-124 of this chapter.
Notwithstanding any other provisions of this
chapter, no building or land shall be used and no structure shall
be erected, constructed, reconstructed, altered or repaired within
the Township of Hanover for the purpose of processing, manufacturing,
producing or storing hazardous, toxic or corrosive substances, as
defined in regulations promulgated by the United States Environmental
Protection Agency or the New Jersey Department of Environmental Protection.
This provision shall not apply to the incidental use and limited storage
of such substances in connection with uses permitted by this chapter.[1]
[Amended 7-9-2015 by Ord.
No. 18-15; 2-10-2022 by Ord. No. 3-2022]
Notwithstanding any other provisions of this chapter, patios,
porches, and decks accessory to single-family or two-family dwellings
are subject to the following requirements; provided that in case of
conflict between the provisions of this section and other provisions
of this chapter, the more restrictive requirement shall apply.
A.
Such structures shall comply with the minimum front yard required
for principal buildings in the zone.
B.
Such structures shall be set back from the side lot line(s) a distance
not less than the minimum side yard required for principal buildings
in the zone. In cases where the setback regulation is based upon the
height of the building, the applicable setback requirement shall be
based upon the height of the porch, patio, or deck and any roof or
canopy for the same.
C.
When such structures are attached to the principal building and located
at or below the ground/first floor elevation of the principal building,
or when such structures are detached from the principal building,
they shall be set back from the rear lot line(s) a distance not less
than 1/2 the minimum rear yard required for principal buildings in
the zone. For example, if the principal building is required to be
50 feet from the rear lot line, such structures shall be located at
least 25 feet from the rear lot line. In the case of split-level,
bi-level, or other situations involving multiple floor levels, the
determination of what is the ground/first floor level shall be made
by the Zoning Officer.
D.
When such structures are attached to the principal building and located
above the ground/first floor elevation of the principal building,
they shall comply with the minimum rear yard requirements applicable
to the principal building. In the case of split-level, bi-level, or
other situations involving multiple floor levels, the determination
of what is the ground/first floor level shall be made by the Zoning
Officer.
E.
Any ingress and egress structure for patios, porches, or decks shall be subject to the provisions of § 166-113B(2).
F.
Any roof, canopy, awning or similar covering structure over patios,
porches, or decks, as well as any necessary support columns and open
railings for such covering structures, shall be subject to the same
minimum setback requirements as the patios, porches, or decks that
they cover.
[Added 10-11-2018 by Ord.
No. 23-2018; amended 12-10-2020 by Ord. No. 30-2020]
Outdoor recreational facilities accessory to single-family dwellings on the same lot shall be permitted and shall be subject to the following requirements. For purposes of this section, "outdoor recreational facilities" shall be defined as including, but not limited to, swimming pools, game or sport courts, and similar facilities. The foregoing shall not be construed to permit any facility or activity prohibited by Chapter 129 of the Township Code.
A.
Permitted yards.
(1)
Outdoor recreational facilities shall be permitted in the side
and rear yard, except as provided otherwise below.
(2)
Basketball hoops and backboards shall be permitted within the
front yard when located in or immediately adjacent to the driveway
for the dwelling on the property, as regulated herein.
B.
Minimum setbacks from lot lines. Outdoor recreational facilities
shall be located in accordance with the following requirements, provided
that the setbacks shall be measured to the closest paved or other
artificial surface designed to be used as part of the facility, except
as provided otherwise below:
[Amended 2-10-2022 by Ord. No. 3-2022]
(1)
Game or sport courts, and similar facilities, shall be located
at least 25 feet from any side or rear lot line, except as provided
otherwise below.
(2)
When the established front yard depth is less than the minimum
front yard depth required by the zone regulations as a result of a
variance or as a legally nonconforming condition, the outdoor recreational
facilities shall be located a distance from the front lot line not
less than the minimum front yard requirement of the zone district
in which the lot is located.
(3)
Basketball backboards located within or adjacent to a driveway
shall be set back at least 10 feet from any rear and side property
lines and at least 20 feet from the front lot line.
(4)
Treehouses, elevated playhouses, and similar raised platforms
and structures shall be set back at least 10 feet from any rear and
side property lines.
(5)
Children's playsets, sandboxes, and similar equipment and structures
shall be exempt from the foregoing setback requirements.
(6)
Swimming pools.
(a)
The outer limit of the coping, wall, or other structure that
contains the water surface of swimming pools shall be set back from
the side lot lines not less than five feet greater than the minimum
side yard required for principal buildings. For example, if the principal
building is required to be set back at least 15 feet from the side
lot line, the water surface of the swimming pool must be set back
at least 20 feet from the side lot line. In cases where the setback
regulation is based upon the height of the building, the applicable
setback requirement shall be based upon the height of the swimming
pool and any roof or canopy for the same.
(b)
The outer limit of the coping, wall, or other structure that contains the water surface of swimming pools shall be set back from the rear lot line(s) not less than 1/2 the minimum rear yard required for principal buildings in the zone. For example, if the principal building is required to be 50 feet from the rear lot line, such structures shall be located at least 25 feet from the rear lot line. This setback requirement is the same as the setback requirement for patios or decks adjacent to the pool as set forth in Subsection B(7) below and in § 166-136; therefore, if a pool is located at the minimum required setback, no patio or deck adjacent to the pool shall be permitted to have a lesser setback.
C.
Maximum coverage of yard areas. Outdoor recreational facilities shall
not exceed 1/3 (33.3%) of either the rear or side yard within which
they are located. Such coverage shall include the water surface and
any decking or similar surface adjacent to a swimming pool, as well
as any pavement, decking or other artificial surface used as part
of a game or sport court, and the limits of any surface area covered
by play structures or equipment. Treehouses, elevated playhouses,
and similar raised platforms and structures shall be exempt from the
foregoing requirement.
D.
Illumination.
(1)
The illumination of outdoor recreational facilities by light
fixtures is prohibited, except for swimming pools as regulated below.
(2)
When permitted, light fixtures shall be so located that the
direct source of light is not visible from adjacent properties or
streets.
(3)
When permitted, light fixtures shall be turned off between the
hours of 10:00 p.m. and 7:00 a.m.
E.
Fencing.
(1)
Swimming pools shall be required to comply with all applicable
requirements and construction codes related to enclosures.
(2)
Game courts that involve airborne balls or other projectiles,
including but not limited to tennis courts, basketball courts, etc.,
shall be located and designed in a manner that prevents such projectiles
from traveling onto adjoining properties or public streets, as determined
by the Zoning Officer. Any fencing for outdoor recreational facilities
shall comply with the fencing requirements of this chapter.
F.
Height of treehouses, elevated playhouses, and similar raised platforms
and structures.
(1)
The height of treehouses, elevated playhouses, and similar raised
platforms and structures, with or without a roof, and having a horizontal
area of the floor or platform less than or equal to 100 square feet
shall be exempt from the height requirements for accessory buildings
and roofed accessory structures; however the highest elevation of
any floor or platform of such structures shall not exceed 10 feet
above the normal grade at the base of the structure.
(2)
The height of treehouses, elevated playhouses, and similar raised
platforms and structures, with or without a roof, and having a horizontal
area of the floor or platform greater than 100 square feet shall comply
with the height requirements for accessory buildings and roofed accessory
structures.
[Added 12-13-2018 by Ord.
No. 37-18]
The keeping of sheep, goats, cattle or other animals, except
for piggeries, is permitted in the single-family residential zone
districts, subject to the following requirements:
A.
The lot shall contain an area of at least five acres for the keeping
of sheet, goats, cattle or other such livestock, and an area of at
least three acres in the case of chickens or other domestic fowl.
B.
The animals shall be kept within a building, fenced enclosure or
other such enclosure designed to prevent the accidental escape of
such animals. Any such building and/or enclosure shall be located
at least 100 feet from all lot lines of the property.
C.
The regulations in this section shall not apply to the keeping of
house pets.
Notwithstanding any other provisions of this
chapter, nothing contained herein shall be construed to permit the
landing and taking off of helicopters in any zone district within
the Township of Hanover except in the A Airport Zone District. Heliport/helistop
sites are permitted within the A Zone as regulated by the Federal
Aviation Agency and the applicable agencies of the State of New Jersey.
[Added 5-12-1988 by Ord. No. 7-88]
Pursuant to the Air Safety and Hazardous Zoning Act of 1983 (N.J.S.A. 6:1-81 et seq.), the Township Committee hereby adopts by reference the standards for land use within airport hazard areas promulgated by the Commissioner of the Department of Transportation, being Chapter 62, Air Safety and Hazardous Zoning (N.J.A.C. 16:62-1.1 et seq.). A copy of said standards is attached hereto and are made a part hereof without the inclusion of the text thereof herein.[1]
[1]
Editor's Note: A copy of the standards is
on file in the office of the Township Clerk.
[Amended 2-26-2009 by Ord. No. 5-09]
Every multifamily building hereinafter constructed
within the Township of Hanover shall meet the following regulations:
A.
The architecture
employed shall be aesthetically in keeping with the surrounding areas
and shall be subject to approval by the Planning Board. All buildings
shall be constructed in accordance with the Building Code and shall
comply with the following requirements:
(1)
The
exterior walls in each group of dwelling units shall be faced with
brick, quarried stone, stucco, wood or other materials suitable in
terms of quality, durability and appearance. Asbestos shingle and
cinder or concrete block as exterior finishes are prohibited. The
applicant shall submit to the Planning Board for review and approval,
in addition to any and all other documents required by any other ordinance
concerning site plan review, floor plans, elevation drawings, color
rendering and detailed finish schedules.
(2)
The
exterior of any accessory structures shall harmonize architecturally
with and be constructed of materials of a like character as those
used in principal structures.
B.
The developer of any multifamily residential units constructed within the Township of Hanover shall make provision for the establishment and operation of an open space organization, which shall own and maintain all common open space for the benefit of owners or residents of the development. Said organization shall be bound by and comply with all required conditions of administration and procedures as set forth in § 166-103F of this chapter.
[Added 7-9-1987 by Ord. No. 22-87]
A.
For the purpose of regulating a satellite earth station,
commonly referred to as a "dish antenna," said dish antenna shall
be defined as a dish-shaped antenna designed to receive television
broadcasts relayed by microwave signals from earth-orbiting communications
satellites.
B.
A dish antenna, including any structural supports,
is permitted in all zones after the following requirements are met:
(1)
A dish antenna is only permitted as an accessory
use on a lot that contains a principal structure.
(2)
A dish antenna is only permitted in the rear
yard as a freestanding structure in all residential zones mounted
on and attached to the ground by a concrete pad. In the nonresidential
zones, a dish antenna is permitted on the roof of a permitted nonresidential
building, provided that the top of the antenna falls within the maximum
height limits of the zone in which it is located.
(3)
No lot may contain more than one dish antenna
as herein regulated.
(4)
Every dish antenna attached to the ground shall
be effectively screened by a special planting screen or fence which
shall be maintained in good condition, so that said antenna shall
not be visible from any adjacent property or public street.
(5)
A dish antenna shall not be closer to the rear
property line than the height of said antenna nor closer to any side
property line than the height of said antenna or the side yard setback
requirement for the principal structure on the lot, whichever results
in the greatest setback.
(6)
Any permitted dish antenna attached to the ground
shall not have a surface receiving area greater than 50 square feet.
Any permitted dish antenna on the roof of any building shall not have
a surface receiving area greater than 100 square feet.
(7)
Power control and signal cables to or from any
antenna attached to the ground shall be by underground conduit.
(8)
No dish antenna shall exceed a height of 15
feet.
C.
Exemption of certain antennas. Pursuant to the 1996 ruling of the Federal Communications Commission, those antennas meeting the definition of numbers 4, 5 and 6 in the definition of "exempt antenna" in Article II are exempt from the provisions of this chapter. Furthermore, pursuant to the same rule, the provisions of this chapter shall not apply to those antennas meeting the definition of numbers 1, 2 and 3 in the definition of "exempt antenna" in Article II, if such provisions impair the installation, maintenance or use of such antennas. The determination regarding such impairment shall be made by the Zoning Officer and may be appealed to the Board of Adjustment in accordance with the procedures set forth in § 166-21.
[Added 12-11-1997 by Ord. No. 34-97]
[Added 9-22-1988 by Ord. No. 27-88;
amended 9-28-1989 by Ord. No. 30-89; 10-9-2014 by Ord. No.
38-14; 7-9-2015 by Ord. No. 18-15; 5-10-2018 by Ord. No. 9-2018; 5-14-2020 by Ord. No. 14-2020]
The following regulations apply to fences, freestanding walls
and retaining walls, unless specifically provided otherwise by this
chapter. In case of conflict between this section, and the Uniform
Construction Code of the State of New Jersey, or other applicable
law or regulation, the more restrictive requirement shall apply.
A.
Location.
(1)
Yards. Fences, freestanding walls and retaining walls shall
be permitted in front, side and rear yards.
(2)
Setbacks. The required setbacks for fences and walls shall be
as follows:
(a)
No setback from any property line shall be required for fences
and freestanding walls, unless a setback is required by other provisions
of this chapter or if required as a condition of approval in particular
circumstances.
(b)
The exposed face of retaining walls shall be set back from any
property line a horizontal distance not less than one foot for each
foot of height of the wall. The height of the wall used for determining
the required setback shall be measured from the top of the wall to
the finished ground level at the base of the wall at the point of
setback measurement. In the case of multiple or tiered retaining walls,
and/or when a fence or other barrier is located at the top of a retaining
wall, the height of the upper wall, fence or barrier shall be included
in the height of the wall to determine the required setback, unless:
(3)
Maintenance of sight lines. No fence, freestanding wall or retaining
wall shall be located where it will interfere with the minimal safe
sight lines at the intersection of roadways, driveways, sidewalks
and other pathways. The determination of safe sight lines shall be
determined by the Township Engineer as part of any zoning permit application,
or other development application, taking into account the mode and
speed of transportation, number of lanes of travel, topography and
other factors.
B.
Height. The maximum permitted height of fences and walls shall be
as follows:
(1)
Fences and freestanding walls.
(a)
Front yard.
[1]
The height of fences accessory to single-family
detached dwellings, two-family dwellings, community shelters and residences
shall not exceed 3.5 feet (42 inches) when located in the front yard.
Any fence so located shall be designed to provide openings in at least
50% of the fence or wall.
[2]
The height of fences accessory to single-family
attached dwellings, multifamily dwellings and nonresidential uses
shall not exceed six feet when located in the front yard. Any fence
so located shall be designed to provide openings in at least 80% of
the fence, except for refuse or recycling enclosures, which shall
be designed to screen the materials within the enclosure from view.
[3]
The height of freestanding walls shall not exceed
two feet when located in the front yard, except for refuse or recycling
enclosures, which shall not exceed a height of six feet when located
in the front yard.
[4]
In the case of a fence placed on top of a freestanding
wall, the height of the freestanding wall portion shall not exceed
two feet and the combined height of the wall and fence shall comply
with the height limitations for fences.
[5]
The foregoing requirements shall apply in all front
yards on all lots, whether the lots are interior lots, corner lots
or through lots, and the fact that a lot is a corner lot or through
lot shall not, per se, be accepted by the Planning Board or Board
of Adjustment as an exceptional condition or particular case supporting
relief from the foregoing requirements.
(b)
Side and rear yards.
[1]
The height of fences and freestanding walls accessory
to single-family detached dwellings, two-family dwellings, community
shelters and residences shall not exceed six feet when located in
the side or rear yard.
[2]
The height of fences and freestanding walls accessory
to single-family attached dwellings, multifamily dwellings and nonresidential
uses shall not exceed six feet when located in the side or rear yard;
provided, however, that the reviewing agency may permit or require
a fence or wall with a height up to eight feet without the need for
a variance when such height is needed to provide adequate screening
and will not result in a substantial negative visual impact to adjacent
properties or the general public.
(2)
Height of retaining walls. The height of retaining walls shall
be measured from the finished ground level at the base of the wall.
The following height restrictions shall apply:
(a)
Front yard.
[1]
The height of retaining walls accessory to single-family
detached dwellings, two-family dwellings, community shelters and residences
shall not exceed 3.5 feet (42 inches) when located in the front yard.
[2]
The height of retaining walls accessory to single-family
attached dwellings multifamily dwellings and nonresidential uses shall
not exceed six feet when located in the front yard; provided, however,
that the reviewing agency may permit a retaining wall with a height
up to 12 feet without the need for a variance when such will not result
in a substantial negative visual impact to adjacent properties or
the general public, as for example when the wall faces an undevelopable
property, the wall is set back from property lines a substantially
greater distance than the minimum required, or is sufficiently screened
from view from adjacent properties.
(b)
Side and rear yards.
[1]
The height of retaining walls accessory to single-family
detached dwellings, two-family dwellings, community shelters and residences
shall not exceed six feet when located in the side or rear yard.
[2]
The height of retaining walls accessory to single-family
attached dwellings, multifamily dwellings and nonresidential uses
shall not exceed eight feet when located in the side or rear yard;
provided, however, that the reviewing agency may permit a retaining
wall with a height up to 12 feet without the need for a variance when
such will not result in a substantial negative visual impact to adjacent
properties or the general public, as for example when the wall faces
an undevelopable property, the wall is set back from property lines
a substantially greater distance than the minimum required, or is
sufficiently screened from view from adjacent properties.
C.
Swimming pool enclosures. Enclosures for swimming pools shall be
required to comply with the requirements of the Uniform Construction
Code or this chapter, whichever is more restrictive. Such enclosures
shall be prohibited in the front yard or the minimum required front
yard, whichever is more restrictive. The foregoing requirements shall
apply in all front yards on all lots, whether the lots are interior
lots, corner lots or through lots, and the fact that a lot is a corner
lot or through lot shall not, per se, be accepted by the Planning
Board or Board of Adjustment as an exceptional condition or particular
case supporting relief from the foregoing requirements.
D.
Recreational facility enclosures. Recreational facility enclosures,
such as enclosures of tennis courts or similar courts, shall be subject
to the following requirements, in addition to the other requirements
of this section. In case of conflict between this subsection and the
remainder of this section, this subsection shall supersede and control
for such enclosures.
(1)
The height of such enclosures shall be the minimum necessary
to provide reasonable containment of projectiles used in play, but
in no case shall the height of such enclosures exceed 12 feet.
(2)
Any such enclosure greater than six feet high shall be set back
from any side or rear lot line a distance not less than the height
of the enclosure.
(3)
Such enclosures shall be prohibited in the front yard. This
requirement shall apply in all front yards on all lots, whether the
lots are interior lots, corner lots or through lots, and the fact
that a lot is a corner lot or through lot shall not, per se, be accepted
by the Planning Board or Board of Adjustment as an exceptional condition
or particular case supporting relief from the foregoing requirements.
E.
Temporary fences.
(1)
Temporary fences designed and used to restrict access and to
implement other controls during construction, demolition, site remediation
and other such temporary activities associated with a development
application shall not be subject to the provisions of this section,
but shall be subject to the requirements set forth in the resolution
of approval and/or developer's agreement, as applicable.
(2)
Temporary fences designed and used to restrict access to the
subject property during temporary activities not associated with a
development application shall not be subject to the provisions of
this section, but shall be required to obtain a zoning permit from
the Zoning Officer. Prior to issuance of such permit, the Zoning Officer
shall determine the following:
(a)
A reasonable need exists for such fence in order to prevent
unwarranted access to the subject property during the period of the
temporary activity.
(b)
The height of such fence shall not exceed six feet.
(c)
Such fence shall be located and designed to not obstruct sight
distance at intersections of streets or at other points where sight
distance is needed for safety.
(d)
Such fence shall provide for access to the enclosed area by
emergency personnel, such as but not limited to police, fire and first
aid personnel.
(e)
The time period during which the fence is in place shall not
exceed two years. An extension of such period may be requested and
may be granted upon due cause shown.
F.
Design requirements.
(1)
Safety barriers. The reviewing agency or official may, in appropriate
instances, require a guard rail or other restraining device at the
top of retaining walls if deemed necessary or advisable to protect
persons, vehicles or equipment from falling off the wall. Such safety
barriers shall be subject to the provisions of Subsections A(3)(c)
and B(2)(c) above.
(2)
Materials and construction. The following standards shall apply
to the materials and construction of fences and walls.
(a)
In the event that both sides of a fence or freestanding wall
are not identical, the finished or preferred side shall be required
to face the street and/or abutting properties, as applicable. For
purposes of administering this provision, the finished or preferred
side shall be that side which best conceals the fence posts, rails
and other supporting parts, and/or which is painted, stained or otherwise
treated when only one such side is so treated.
(b)
Walls shall not be faced with unfinished, painted or stained
poured concrete, concrete block or cinder block, unless the same is
textured to simulate natural stone or is split-face block.
(c)
Fences, freestanding walls or retaining walls that may present
a danger or hazard to the public welfare, including but not limited
to fences or walls, which are electrified, contain broken glass, razor
wire or barbed wire, or other sharp edges, are prohibited.
[Added 5-13-1993 by Ord. No. 12-93;
amended 12-22-1993 by Ord. No. 36-93]
Notwithstanding any other provisions of this
chapter, family day-care homes as an accessory use and child-care
centers are permitted in the locations indicated below and shall be
subject to the following regulations:
A.
Family day-care homes. Family day-care homes are permitted
as an accessory use in all residential districts. Family day-care
homes shall comply with the following regulations:
(1)
Any dwelling used for a family day-care home
shall have the appearance of a dwelling from the exterior. The exterior
of the dwelling shall not be altered to create the impression of business
activity.
(2)
The family day-care provider, as defined in
the Family Day Care Provider Registration Act (N.J.S.A. 30:5B-16 et
seq.), shall be a resident of the dwelling within which child-care
services are provided.
(3)
Family day-care homes shall not be required
to provide any additional off-street parking beyond that required
for the dwelling within which they are located.
B.
Child-care centers. Child-care centers are permitted
as a principal or accessory use in all nonresidential districts. Child-care
centers shall comply with the following regulations:
(1)
No child-care center shall be permitted in the
same building or site as a use which, in the opinion of the Planning
Board, or the Site Plan Exemption Committee in the case of an application
for site plan exemption, would be detrimental to the operation of
a child-care center. In the case of an existing child-care center,
no new use, or change of use, shall be permitted in the same building
or site as a child-care center if, in the opinion of the Planning
Board, or the Site Plan Exemption Committee in the case of an application
for site plan exemption, the use would be detrimental to the operation
of a child-care center.
[Amended 8-12-2010 by Ord. No. 23-2010]
(2)
The floor area occupied in any building or structure as a child-care center shall be excluded for calculating the parking requirements of this section; however, child-care centers shall be required to provide one off-street parking space for every employee, based upon the maximum number of employees present at any one time, plus one space for every 10 children or fraction thereof of the total licensed capacity. In the case of child-care centers which are accessory to a permitted principal use and located within the same building as the principal use and which provide care exclusively for the children of employees of the principal use, parking need only be provided at the ratio of one off-street parking space for each employee of the child-care center. In addition to the above parking requirements, a landscaped area shall be reserved which can be converted to off-street parking if the conditions for allowing the above parking standard for child-care centers ever change. The parking constructed for the child-care center and the landscaped reserved parking shall together provide for no less parking than is required in the zone as set forth in § 166-154 or 166-155, as applicable.
[Amended 9-8-2011 by Ord. No. 25-11]
(3)
In addition to the above requirements, child-care
centers shall be required to provide an area designated as a dropoff/pickup
area for children. The dropoff/pickup area shall be located such that
children do not have to cross the parking lot, driveway or other traffic
area in order to travel between the building and their vehicle.
[Added 8-10-1995 by Ord. No. 23-95;
amended 12-3-2001 by Ord. No. 18-01; 2-22-2007 by Ord. No. 5-07; 12-13-2012 by Ord. No. 23-12; 7-9-2015 by Ord. No. 17-15; 7-14-2016 by Ord. No.
20-16]
Notwithstanding any other provisions of this chapter, municipal buildings used for public purposes are permitted principal uses in any of the zone districts, except as may be otherwise prohibited by the Air Safety and Hazardous Zoning Act, Chapter 260 of the Laws of 1983.[1]The Planning Board review of municipal buildings shall be guided, on an informal basis, by the standards in the PU Zone District for such uses and by the provisions for review of capital projects in N.J.S.A. 40:55D-26a. Institutional uses and nonresidential social assistance establishments, as defined in § 166-4A, are permitted in the zone districts indicated below and shall be subject to the following regulations, in addition to all other applicable regulations of this chapter; in the case of conflict between the following regulations and other regulations of this chapter, the following shall supersede such other regulations:
A.
Where permitted.
[Amended 12-13-2018 by Ord. No. 37-18; 6-13-2019 by Ord. No. 24-19]
(1)
Houses of worship, libraries and schools shall be permitted
in the R-40, R-40N, R-30, R-25, R-21, R-15, R-10 Zone Districts, the
O-S, OB-RL, OB-DS, OB-RL3 Zone Districts, the I, I-2, I-4, I-5, I-P,
I-P2, I-R Zone Districts and in the PU Zone District.
(2)
State-licensed hospitals and nonresidential social assistance
establishments shall be permitted in the O-S, OB-RL, OB-DS, OB-RL3
Zone Districts, the I, I-2, I-4, I-5, I-P, I-P2, I-R Zone Districts
and in the PU Zone District.
B.
Number of principal uses and buildings. The provisions of § 166-115A through D shall not apply to institutional uses. Institutional uses shall be permitted to be developed with more than one principal building on a lot, to contain more than one institutional use in a principal building, and, when located in a residential zone, to contain a dwelling unit that is accessory to the institutional use on the same lot as other buildings. If more than one principal building is constructed on a lot, such buildings shall be separated by a distance not less than 1/2 of the height of the taller building or 20 feet, whichever is greater. If the buildings vary in height, the separation requirement shall apply independently to each portion of the building, based upon the height of such portion.
[Amended 6-14-2018 by Ord. No. 15-2018]
C.
Permitted accessory uses and buildings. Accessory uses and buildings, as defined in § 166-4A, shall be permitted in addition to principal uses and buildings, provided that for-profit uses or activities shall be presumed to be a prohibited accessory to a nonprofit institutional use. Nonresidential accessory buildings shall be subject to the provisions of § 166-114C. A residence or residences for the staff of institutional uses, such as but not limited to parsonages, rectories, convents, manses and vicarages, used solely or primarily as housing, shall be permitted on the same lot or on lots separate from the institutional use, subject to the following:
(1)
When such a residence is located on a separate lot from the
institutional use, it shall not be considered an institutional use,
but shall be considered a residential use and subject to all of the
provisions applicable to residences in the zone district within which
it is located.
(2)
When such a residence is located on the same lot as the institutional
use, and it is located within a separate building and its yard areas,
its accessory uses and its accessory structures are generally distinct
and separate from the institutional use, then it shall not be considered
an institutional use, but shall be subject to all of the provisions
applicable to residences in the zone district within which it is located,
with that portion of the lot devoted to the residence considered its
"lot" for purposes of complying with such requirements. Furthermore,
the residential portion shall be excluded from the lot for the institutional
use for purposes of complying with the requirements for the institutional
use.
(3)
When such a residence is located within the same building as
the institutional use, or is located in a separate building but its
yard areas, its accessory uses and its accessory structures are not
distinct and separate from the institutional use, such residence shall
be considered part of the institutional use and shall be subject to
all of the requirements applicable to the institutional use.
D.
Number of parking spaces. The minimum number of off-street parking spaces for institutional uses shall be as set forth in § 166-155.
[Amended 5-12-2022 by Ord. No. 16-2022]
E.
Development standards in nonresidential zones. Where permitted in
the nonresidential zones, institutional uses and nonresidential social
assistance establishments shall comply with the development standards
for nonresidential uses in the zone within which they are located;
provided, however that the minimum lot area for institutional uses
shall not be less than required for other nonresidential uses in the
zone, or less than three acres for libraries, five acres for houses
of worship and schools, and 10 acres for hospitals, whichever is more
restrictive.
F.
Development standards in residential zones. Where permitted in the
residential zones, institutional uses shall comply with the following
requirements:
(1)
Minimum lot area: five acres of net developable area, which
shall be defined as the gross lot area minus wetlands, wetland transition
areas and any other areas within which development is prohibited.
In the case of multiple lots used for the same institutional use,
the net developable area of all such properties located within 200
feet of the lot or lots containing the principal building(s) shall
be used for determining compliance with this requirement.
(2)
Minimum front yard: 50 feet, or as required for residential
development in the zone, whichever is greater.
(3)
Minimum side and rear yard: 75 feet, unless the yard abuts property
in a nonresidential zone, in which case a minimum yard depth of 40
feet shall be required.
(4)
Maximum building height: 45 feet, excluding those features identified in the definition of "height of building or structure" in § 166-4A.
(5)
Maximum building coverage: 25% of the lot area.
(6)
Maximum improvement coverage: 60% of the lot area.
(7)
Parking, loading and driveways.
(a)
Parking and loading areas shall be located at least 50 feet
from the front lot line(s).
(b)
Parking and loading areas and driveways shall be located at
least 25 feet from all side and rear lot lines; provided, however,
that in those locations where the side or rear lot lines abut property
in a nonresidential zone, then parking and loading areas and driveways
shall be located at least 10 feet from the side and rear lot lines.
(c)
As a limitation on the intensity of use, institutional uses
shall be limited to uses and configurations that do not require more
than 300 off-street parking spaces pursuant to the standards of this
chapter.
(8)
Buffer requirements. Institutional uses located in residential zone districts shall provide a planted buffer along any side or rear property line, or portion thereof, that abuts property in a residential zone district. The minimum depth of planting in the buffer shall be 20 feet, measured perpendicular to the lot line. The other standards for such buffer shall be the same as apply to multifamily residential zone districts that abut single-family residential zone districts in § 166-125. The Board may also require the installation of a fence as part of the buffer, with such fence designed to mitigate views and the impacts from headlights and noise from the institutional use property, as determined as part of any required site plan review.
[1]
Editor's Note: See N.J.S.A. 6:1-80 et seq.
[Added 4-10-1997 by Ord. No. 11-97]
Notwithstanding any other provisions of this chapter, freestanding cellular telecommunications antennas shall be permitted as a conditional use as regulated in § 166-150B. Cellular telecommunications antennas which are mounted upon an existing structure shall be a permitted use in all nonresidential zone districts and shall be subject to the following regulations:
A.
The antennas and related structures shall be subject
to the height and area restrictions applicable to roof-mounted structures
applicable in the zone district. If located in the I-3 Zone District,
the antennas and related structures shall not exceed 10 feet in height
nor shall their total area exceed 5% of the area of the roof to which
they are attached.
B.
The antennas and related structures shall be screened,
insofar as is practical in order to maintain adequate transmission
and/or reception capability, as determined by the Board.
C.
The antennas and related structures shall be subject
to site plan approval.
[Added 12-13-2012 by Ord. No. 24-12; amended 4-13-2023 by Ord. No. 11-2023]
In addition to all other applicable requirements of this chapter,
solar or photovoltaic energy facilities and structures shall be permitted
in the following locations and shall be subject to the following requirements,
except as specifically provided otherwise for solar or photovoltaic
energy facilities and structures by this chapter or other applicable
law. In case of conflict between the following requirements and the
other requirements of this chapter not pertaining specifically to
solar or photovoltaic energy facilities and structures, the following
shall supersede:
A.
Solar or photovoltaic energy facilities and structures in residential
zone districts.
(1)
Solar or photovoltaic energy facilities and structures shall
be permitted as an accessory use only, and not as a principal use.
(2)
Solar panels shall be located on the roof of buildings only.
Panels mounted on poles, on the ground or on other structures shall
be prohibited.
(3)
The height of solar panels shall not exceed the height of the
roof at any point by more than 18 inches. The height shall be measured
from the roof directly beneath the solar panel.
(4)
In order to maintain the building's architectural style and appearance, the slope of roof-mounted solar panels shall be required to be consistent with the slope of the roof upon which the panel is located. Solar panels mounted on horizontal roofs may be pitched to maximize solar gain, provided that Subsection A(3) above is complied with.
B.
Solar or photovoltaic energy facilities and structures in nonresidential
zone districts.
(1)
Solar or photovoltaic energy facilities and structures shall
be permitted as a principal use or as an accessory use.
(2)
Solar panels may be located on the roof of buildings, on poles,
on the ground or on other structures.
(3)
Solar panels mounted on the roof of buildings shall be subject
to the following requirements:
(a)
Solar panels shall be exempt from the coverage
limitations applicable to other rooftop equipment.
(b)
Solar panels that have a height of 18 inches or
less above the elevation of the roof where the panels are mounted
shall be subject to the following:
[1]
Such panels shall be exempt from the maximum height
regulations applicable to the building.
[2]
Such panels shall not be required to be screened
from view.
[3]
When mounted on sloping roofs, the pitch of such
panels shall be required to be consistent with the slope of the roof
upon which the panels are located.
(c)
Solar panels having a height greater than 18 inches
above the elevation of the roof where the panels are mounted shall
be screened from view on all sides by parapet walls, roofs, screens
or similar features. If the screening is designed to appear as an
integral part of the building architecture, then no additional requirements
shall apply other than the maximum height regulations applicable to
the building. Where the screening is not designed as an integral part
of the building architecture, but is a distinct and separate feature,
the following shall apply:
[1]
Such panels and screening shall not exceed the
elevation of the roof where the panels are mounted by more than five
feet.
[2]
Such panels and screening shall comply with the
maximum height regulations applicable to the building.
[3]
The screening of such panels shall be designed
to be compatible with the architecture of the building, as determined
by the reviewing agency.
(d)
Solar panels mounted on roofs shall be located
at least 10 feet from the edge of flat roofs unless a safety barrier
having a height of at least 42 inches above the roof elevation is
provided to prevent accidental falls from the roof by service and
maintenance personnel.
(4)
Solar panels mounted on the ground, on poles or on other structures
shall be subject to the following requirements:
(a)
Such panels shall be permitted only in the side
and rear yards. Such panels shall be prohibited in front yards.
(b)
The height of such panels shall not exceed 20 feet
above the ground at the base of the panel.
(c)
Such panels shall be set back from all property
lines a distance not less than 1.5 times the height of the panels,
or shall be set back the minimum setback requirement for accessory
buildings, whichever is more restrictive.
(d)
Such panels shall be screened from the view of
public streets and residential zones by vegetation, fencing or walls
and/or topographic features, as determined by the Board at the time
of site plan approval.
(e)
In cases where the placement of solar panels and
the requirements for landscaped islands in parking areas in this chapter
conflict, such parking areas shall be exempt from the landscaped island
requirements, but only to the extent of such conflict.
(f)
In cases where solar panels in parking areas interfere
with the illumination of the parking area by light fixtures, supplemental
and/or revised illumination shall be provided to ensure adequate illumination
beneath the panels.
(g)
The placement of solar panels in parking areas
shall not interfere with safe and convenient vehicular movements,
including but not limited to dimensional requirements, turning radii,
sight lines and vertical clearances for automobiles, trucks and emergency
vehicles. Where deemed necessary by the reviewing agency, protective
bollards, guide rails or other barriers shall be provided to prevent
damage to solar panels or other solar or photovoltaic energy facilities
or structures.
C.
General provisions.
(1)
In accordance with the provisions of N.J.S.A. 40:55D-38.1, the
horizontal area of solar panels shall be excluded from calculations
of impervious cover.
(2)
All solar panels shall be oriented or otherwise designed (e.g.,
with nonreflective glass) to avoid directing reflected glare from
the sun or from light fixtures toward adjacent properties or streets
so as to be a nuisance or safety hazard.
(3)
Solar panels shall be designed to avoid problems resulting from
stormwater runoff, snow and ice accumulation and removal, and vehicular
and pedestrian circulation.
(4)
Wiring between freestanding solar panels and buildings shall
be located underground.
(5)
Signs shall not be permitted to be attached to solar panels,
their support structures or equipment or any screening devices, except
for signs required for service or maintenance personnel or warning
signs for electrical hazards.
[Added 12-12-2019 by Ord.
No. 54-19]
A.
Purpose. This section is intended to provide opportunities for
the creation of up to 10 affordable accessory apartments within Hanover
Township to fulfill the Township's affordable housing obligation.
B.
Definition. The term "accessory apartment," as used in this
section, shall be defined as a self-contained residential dwelling
unit with a kitchen, sanitary facilities, sleeping quarters and a
private entrance, which is created within an existing home, or through
the conversion of an existing accessory structure on the same site,
or by an addition to an existing home or accessory building, or by
the construction of a new accessory structure on the same site.
C.
Where permitted. Accessory apartments shall be permitted in principal or accessory buildings in all R and RM Residential Zones on lots developed with a detached single-family dwelling according to the area, yard, and bulk requirements set forth at Subsection G below.
D.
Affordability. Each new accessory apartment created under the terms of this section shall be an affordable rental unit in accordance with the terms of Chapter 72, Affordable Housing, of the Code of the Township of Hanover.
E.
Applicability. This section shall only apply to the development
and continued operation of the first 10 creditable affordable accessory
apartments created in the Township following the adoption of this
section, unless a higher number of affordable accessory apartment
units are permitted to be applied toward the Township's Fair Share
Obligation of low- and moderate-income housing.
F.
Number of dwelling units. No lot shall contain more than two
dwelling units. A lot shall contain a principal dwelling unit and
not more than one affordable accessory apartment which may be located
in the principal residence or in an accessory structure. The accessory
apartment shall be exempt from the density requirements of the zone
district in which the unit is located; however, this density exemption
shall only apply to one unit above the maximum density.
G.
Area and bulk standards. An affordable accessory apartment shall
only be permitted if it complies with the following lot and bulk standards:
(1)
The lot to be used for the accessory apartment shall comply
with the minimum area, width and depth requirements applicable to
single-family detached dwellings in the zone district.
(2)
The building within which the accessory apartment is located
shall comply with all requirements applicable to principal buildings
used as detached single-family dwellings in the zone district, except
for requirements that limit the lot to only one dwelling or dwelling
structure.
(3)
The cumulative building coverage, improvement coverage and floor
area ratio of all buildings and other improvements on the lot shall
comply with the standards applicable to single-family dwellings on
the lot.
H.
Design standards. An affordable accessory apartment shall be
subject to the following design standards:
(1)
Minimum unit floor area. Each accessory apartment unit shall
contain a minimum habitable gross floor area of 450 square feet, plus
150 square feet for each bedroom in the unit.
(2)
Maximum unit floor area. The habitable gross floor area of any
accessory apartment shall not exceed the lesser of: a) the habitable
gross floor of the primary dwelling unit on the lot, or b) 1,000 square
feet.
(3)
Access to any affordable accessory apartment shall be provided
with an exterior entrance separate from the principal dwelling entrance.
(4)
The exterior design of any accessory apartment shall be consistent
with the design of the existing dwelling structure, utilizing the
same or similar materials, colors, and architectural style. In applying
this standard, the intent shall be to maintain the appearance of the
property as a single-family dwelling and related structures.
(5)
Off-street parking shall be provided for any vehicles used by
the occupants of the affordable accessory apartment. The requirements
of the New Jersey Residential Site Improvement Standards at N.J.A.C.
5:21-4.14 shall apply. All parking and driveways serving accessory
apartments shall comply with the standards for parking and driveways
for detached single-family dwellings in the district, provided that
one off-street parking space shall be provided for any efficiency
or one-bedroom accessory apartment.
I.
Water and sewer. The appropriate utility authority must certify
that there is water and sewer infrastructure with sufficient capacity
to serve the proposed accessory apartment. Where the proposed location
is served by an individual well and/or septic system, the additional
capacity necessitated by the new unit must meet the appropriate NJDEP
standards.
J.
Existing accessory apartments. Existing unauthorized accessory
apartments may be legalized under this section without Township subsidy,
provided all of the foregoing criteria as well as the following criteria
can be met:
(1)
The unit is currently vacant or is occupied by a qualified very-low,
low- or moderate-income household unrelated to the owner.
(2)
If the unit is currently in substandard condition, it shall be brought up to standard condition before a certificate of occupancy is issued in accordance with all of the requirements and procedures of Chapter 72, Affordable Housing, of the Code of the Township of Hanover, except that no Township subsidy shall be required to be paid to the owner to bring the unit up to standard condition.
(3)
The unit will be affirmatively marketed pursuant to the Township's
affirmative marketing plan. If the unit is currently occupied by a
qualified very-low-, low-or moderate-income household unrelated to
the owner, it shall be affirmatively marketed when the current tenant
vacates the unit.
(4)
The unit will be deed restricted for occupancy by and will remain affordable to a qualified very-low-, low-, or moderate-income household for a period of 10 years from the date a certificate of occupancy is issued for it, consistent with the requirements of Chapter 72, Affordable Housing, and the rules of the Council on Affordable Housing, except that no Township subsidy shall be required to be paid to the owner for the creation of the affordable accessory apartment.[1]
[1]
Editor's Note: Former Article XIXA, Transfer of Development
Credits, added 3-23-2000 by Ord. No. 4-2000, comprised of former §§ 166-138.6
through 166-138.12, which immediately followed this subsection, was
repealed 2-11-2021 by Ord. No. 1-2021.
[Added 12-19-2022 by Ord.
No. 35-2022]
Notwithstanding anything in this chapter to the contrary, public
electric vehicle charging facilities shall be a permitted principal
use in the locations set forth below and shall be subject to the following
requirements:
A.
Definition. For purposes of administering and interpreting this section, a "publicly accessible electric vehicle charging facility" is defined as a paved area available and accessible to the general public and which contains designated parking spaces for electric vehicles served by electric vehicle supply/service equipment (EVSE) as defined in § 166-153O.
B.
Locations where permitted. When located as part of an existing or proposed development for another use, publicly accessible electric vehicle charging facilities shall be permitted where specified by § 166-153O. When a publicly accessible electric vehicle charging facility is the sole or principal use of the property, the facility shall only be permitted in those locations that comply with all of the following conditions:
(1)
The property containing the facility is in a nonresidential
zone district intended primarily or solely for the development and
use by nonresidential uses.
(2)
The location shall be such that the traveling public is not
required or encouraged to travel through residential neighborhoods
to use the facility.
(3)
The facility is located within one-half mile of an exit or entrance
ramp for Routes 24 or 287. The half-mile distance shall be measured
along the line of travel from the location where the ramp intersects
the pavement of the roadway to which the ramp connects, i.e., not
the pavement of Route 24 or Route 287, to the location where the nearest
entrance/exit driveway for the facility intersects a public street.
C.
Regulations. When located as part of an existing or proposed development for another use, publicly accessible electric vehicle charging facilities shall be subject to the requirements for such facilities in § 166-153O. When a publicly accessible electric vehicle charging facility is the sole or principal use of the property, the facility shall be developed and used in accordance with the following requirements:
(1)
The facility shall be subject to the same regulations that apply
to parking areas in the zone district in which the facility is located,
including but not limited to setbacks, improvement coverage, parking
space and access aisle dimensions, pavement, curbing, striping, lighting,
landscaping, buffers of residential properties, and stormwater drainage.
(2)
A freestanding sign shall be permitted to identify the facility to the traveling public. Such sign shall not exceed an area of 30 square feet or a height of six feet, and shall be subject to the same setback requirements as the facility. Other signage shall be permitted, required, and regulated as set forth in § 166-153O.
(3)
The facility shall be required to obtain site plan approval
or, if eligible, site plan exemption as required for other development
by this chapter.
(4)
The facility shall be subject to the requirements of § 166-153O(6) and (7).
